Mayor of Baltimore v. White
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of assumpsit, commenced on the 1st September 1840, for money had and received, by the appellee, for the use of the appellants. The defendant pleaded the general issue.
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Appeal from Baltimore County Court. This was an action of assumpsit, commenced on the 1st September 1840, for money had and received, by the appellee, for the use of the appellants. The defendant pleaded the general issue. Before tho jury was sworn, the parlies agreed, that the action was brought for the purpose of trying the following questions. 1st. Whether the wharf in the city of Baltimore, known by the name of Oliver’s wharf, or any, and if any, what part of it is a public wharf? 2nd. Whether, if it shall be decided, that the said wharf, or any part of it is public, the defendant has…
1Opinion of the CourtDorsey, J.
• In bar of the appellant’s right to recover, in the action they have instituted, a great variety of objections have been interposed. .
First, it is insisted, that the right to make the improvement in question, and the improvement when made, remain in the heirs of Thomas McEldery; and that, therefore, the agreement of the Olivers, in regard to the public wharf, was wholly inoperative and void. This objection, we think, cannot be sustained. By the deed for the reversion to Robert and John Oliver, all the right, title, and interest of the heirs of McEldery, as well in the water lots demised to…
2Cases cited1 opinion
- Mayor of New York v. ScottNew York Supreme Court · 1804
3Cited by5 opinions
- Leonard v. EarleCourt of Appeals of Maryland · 1928
- Mutual Chemical Co. of America v. Mayor of BaltimoreDistrict Court, D. Maryland · 1940
- Mayor of Baltimore v. Baltimore Steam Packet Co.Court of Appeals of Maryland · 1933
- Williams v. BakerCourt of Appeals of Maryland · 1875
- Carpenter v. StilwellNew York Supreme Court · 1856