Sparrow v. Grove
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. This was an action for money had and received, and for an account stated, brought by the appellee against the appellant.
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Appeal from the Circuit Court for Frederick County. This was an action for money had and received, and for an account stated, brought by the appellee against the appellant. The appellant was the Treasurer of a Draft Association, formed by certain citizens of Middletown District, in the month of January, 1865, and the plaintiff', who enlisted as a volunteer, claimed to be entitled to receive from the appellant the sum of $400, being the bounty offered by the association to persons enlisting. The facts are stated in the opinion of the Court.
1Opinion of the CourtGrason, J.
The appellant’s first exception was taken to the rejection of his first, second, third, fourth, and fifth prayers, and to the instruction given by the Court to the jury. It ■was contended by the counsel for the appellee, that the first prayer was objectionable, because it was calculated to mislead the jury, and that the second, third, and fourth were properly rejected, because they were liable to the same objection as the first, and also because there was no evidence, to support the theory upon which they were based, and further, because the instruction given by the Court, placed the…
2Cited by2 opinions
- Berry v. DerwartCourt of Appeals of Maryland · 1880
- Brown v. E. Van Winkle Grin & Machine WorksSupreme Court of Alabama · 1904