Seldner v. Smith
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an appeal from a judgment against the appellant as surety on a replevin bond given on behalf of Tracy, Irwin & Co., of New fork, in a replevin suit instituted by them against the appellees in the same Court, and decided in favor of the latter, on the 25th of September, 1812. The action on the bond was then brought on the 2nd October following, to the next ensuing rule day.
Read the full summary
Appeal from the Superior Court of Baltimore City. This was an appeal from a judgment against the appellant as surety on a replevin bond given on behalf of Tracy, Irwin & Co., of New fork, in a replevin suit instituted by them against the appellees in the same Court, and decided in favor of the latter, on the 25th of September, 1812. The action on the bond was then brought on the 2nd October following, to the next ensuing rule day. At the trial below, the defendant, appellant here, took two bills of exception. The first exception set out the evidence offered by the plaintiffs, a part of which…
1Opinion of the CourtGrason, J.
At the trial of this case, the defendant offered to prove by King and Wilkinson, that they were applied to by Mrs. Melissa A. Smith, one of the appellees, by her proper agent and by her authority, to sell for helas rapidly as they properly could, the goods purchased by her t\jo or three days before of Tracy, Irwin & Co. of New York, and which were the subject of the replevin suit, in which the bond sued on in this case was given ; that the said sale was to he for cash, and that although the transaction was an unusual one, they agreed to make it in consideration of a commission of five per…
2Cases cited8 opinions
- Warfield v. BoothCourt of Appeals of Maryland · 1870
- McKinzie v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1868
- Baltimore Marine Insurance v. DalrympleCourt of Appeals of Maryland · 1866
- Warfield v. WalterCourt of Appeals of Maryland · 1839
- Dowler v. CushwaCourt of Appeals of Maryland · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burrier v. Cunningham Piano Co.Court of Appeals of Maryland · 1919
- Crabbs v. KoontzCourt of Appeals of Maryland · 1888
- Fidelity & Deposit Co. v. HainesCourt of Appeals of Maryland · 1894
- Rowan v. State Ex Rel. GroveCourt of Appeals of Maryland · 1937
- Courtney v. William Knabe & Co. Manufacturing Co.Court of Appeals of Maryland · 1903
4 more not listed; retrieve them via the Exa API.