Beall v. Brown
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Allegany county. The bill in this case was filed by the appellant, for an injunction to restrain execution of a judgment recovered against him by the appellee upon a promissory note.
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Appeal from the Equity Side of the Circuit Court for Allegany county. The bill in this case was filed by the appellant, for an injunction to restrain execution of a judgment recovered against him by the appellee upon a promissory note. The allegations of the bill upon which the application for the injunction rests, are substantially: that the note which was the cause of action at law was given, under special circumstances, for a quantity of salted beef, warranted sound by the defendant when he knew it was not sound, and left with the complainant, as the latter understood, as bailee, or on…
1Opinion of the CourtTuck, J.
We are not to determine, on this appeal, whether the points of law submitted to the court, in the trial at law, were properly decided or not. Indeed, the counsel for the appellant contends that these rulings, whether correct or not, must he taken as the law of this case, and the present bill is framed on the assumption that they are correct, and that he hpd no remedy, except by a proceeding in equity, after the jury, under directions from the court, had found that the beef was sold to the appellant, and not left with him as bailee. But, as this view of the case concedes that he has .a cause…
2Cases cited1 opinion
- Collins v. FarquarCourt of Appeals of Kentucky · 1823
3Cited by5 opinions
- Beall v. PearreCourt of Appeals of Maryland · 1859
- Black v. SmithWest Virginia Supreme Court · 1878
- Isenburger v. Hotel Reynolds Co.Massachusetts Supreme Judicial Court · 1901
- McCreery v. SutherlandCourt of Appeals of Maryland · 1865
- Fletcher v. HooperCourt of Appeals of Maryland · 1870