Beall v. Pearre
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. This was an action on the case brought on the oth of September 1855, by the appellant against the appellee, to recover damages for an alleged bread) of warranty in relation to sixty-nine barrels of beef, alleged to have been sold by the defendant’s intestate to the plaintiff, in February 1846. The counts in the declaration, as weli as the agreements of counsel, are fully stated in the opinion of this court.
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Appeal from the Circuit Court for Allegany county. This was an action on the case brought on the oth of September 1855, by the appellant against the appellee, to recover damages for an alleged bread) of warranty in relation to sixty-nine barrels of beef, alleged to have been sold by the defendant’s intestate to the plaintiff, in February 1846. The counts in the declaration, as weli as the agreements of counsel, are fully stated in the opinion of this court. Pleas, non assumpsit, limitations, and plena administravit. Isi Exception. The plaintiff, to support the issue on his pari, under the…
1Opinion of the CourtEccleston, J.
On the 19ih of March 1847, Abraham Brown, the intestate of the present defendant, instituted an action of assumpsit against the present plaintiff, upon a promissory note for $289.14.
It was agreed that the defendant 'might plead non-assumpsit, and offer “the special matter in evidence, as fully as if he had specially pleaded the same or given notice thereof to the plaintiff.”
The note was given in consideration of a contract in relation to 69 barrels of beef. Brown alleged the contract to be an absolute sale of the beef at $7.50 per barrel. Beall contended there was no sale, but that the beef…
2Cases cited5 opinions
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Shafer v. StonebrakerCourt of Appeals of Maryland · 1832
- Garrott v. JohnsonCourt of Appeals of Maryland · 1840
- Beall v. BrownCourt of Appeals of Maryland · 1855
- Cline v. MillerCourt of Appeals of Maryland · 1855
3Cited by27 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Robertson v. ParksCourt of Appeals of Maryland · 1892
- Glenn v. SavageOregon Supreme Court · 1887
- Warfield v. BoothCourt of Appeals of Maryland · 1870
- Royston v. HornerCourt of Appeals of Maryland · 1892
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