Brooke v. Quynn
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince Georges county. Assumpsit, brought on the 14.th of October 1853, by the appellee, to recover services alleged to have been rendered by the plaintiff, to M. B. Carroll, deceased, during a number of years. The present trial was had under the procedendo issued by this court, upon the reversal of the judgment on the former appeal, which is reported in 10 Md.
Read the full summary
Appeal from the Circuit Court for Prince Georges county. Assumpsit, brought on the 14.th of October 1853, by the appellee, to recover services alleged to have been rendered by the plaintiff, to M. B. Carroll, deceased, during a number of years. The present trial was had under the procedendo issued by this court, upon the reversal of the judgment on the former appeal, which is reported in 10 Md. Rep., 197. The declaration contains the general indebitatus assumpsit counts, but no technical quantum meruit count. The pleas were non assumpsit, and limitations. 1st Exception. After the plaintiff…
1Opinion of the CourtLe Grand, C. J.
This case was before, this court-once before and is reported-in 10 Maryland, 197. It is not materially altered in its facts-since, and we therefore abstain from the discussion of the questions then raised and pronounced upon.
The first exception of the defendant relates to the refusal of the circuit court to admit certain testimony.- The action is one of indebitatus assumpsit, to recover for services alleged aud claimed to have been rendered by the appellee to Carroll, in his lifetime. After the plaintiff had offered evidence of services and of their value, the defendant “offered to prove, by…
2Cases cited4 opinions
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Marshall v. HaneyCourt of Appeals of Maryland · 1853
- Quynn v. CarrollCourt of Appeals of Maryland · 1856
- Melvin v. MelvinCourt of Appeals of Maryland · 1854
3Cited by9 opinions
- Plank v. SummersCourt of Appeals of Maryland · 1954
- State v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1871
- Parker v. Tilghman v. Morgan, Inc.Court of Appeals of Maryland · 1936
- Hogen v. KlaboNorth Dakota Supreme Court · 1904
- Meredith v. Santa Clara Mining Ass'n of BaltimoreCalifornia Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.