Vandersmith v. Washmein's Adm'r
Court of Appeals of Maryland
Appeal from Baltimore County Court. Action of Assumpsit foi money paid, laid out and expended; had and received; lent and advanced; and on an insimul computassent» Non assumpsit pleaded, and issue joined. At the trial the plaintiff, (now appellee,) offered evidence, that the deceased, upon getting to the house of the defendant, (the appellant,) was taken ill, and there delivered to the defendant the sum #149 50, to be taken caré ot for him, the deceased.
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Appeal from Baltimore County Court. Action of Assumpsit foi money paid, laid out and expended; had and received; lent and advanced; and on an insimul computassent» Non assumpsit pleaded, and issue joined. At the trial the plaintiff, (now appellee,) offered evidence, that the deceased, upon getting to the house of the defendant, (the appellant,) was taken ill, and there delivered to the defendant the sum #149 50, to be taken caré ot for him, the deceased. The defendant then offered evidence, by Peter Vandersmith, Dr. Marsh, and Benjamin Michardson, that the deceased arrived at the house of the…
1Opinion of the Court
Buchanan, Ch. J.
delivered the opinion of the Court. The objections attempted to be taken to the declaration, that the promise to the administrator, and death of the intestate, are defectively set out, and that there is no profert of the letters of administration, though they might have furnished good causes of demurrer, come too late now, after verdict, and the case must be decided on the bill of exceptions taken at the trial. On which the only question raised is, whether the appellant was entitled to retain any thing on account of the physician’s bill?
If the money, which was placed by the…
2Cited by1 opinion
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