Jones v. President of the Mechanics Bank
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of assumpsit instituted by the appellant against the appellee. The declaration contains counts for work and labor, goods sold and delivered, money lent, and money had and received, and also a count upon an account stated. Plea, non assumpsit, on which issue was joined.
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Appeal from Baltimore county court. This was an action of assumpsit instituted by the appellant against the appellee. The declaration contains counts for work and labor, goods sold and delivered, money lent, and money had and received, and also a count upon an account stated. Plea, non assumpsit, on which issue was joined. The plaintiff offered in evidence, by John Q. Hewlett, that he was the guardian of plaintiff, and had in his hands, as such guardian, $12,000, on the 15th January, 1845; that on the 2nd of July, when Jones was about twenty-six years old, he received of witness, on account…
1Opinion of the CourtMartin, J.
It is to be observed in this cause, that there is not a particle of evidence to be found in the record, from which the jury could find that the money in controversy, or, indeed, any money was won at play from the appellant, by Robert Perry. It was shown by the proof in the cause, as exhibited by the appellant himself, that the appellant and Perry played conjointly against the faro bank, with the money of the former, but that they did not play against each other. It is apparent, therefore, that the proposition argued at the bar, with respect to the question whether money lost at play can be…
2Cited by2 opinions
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