Kettlewell v. Peters
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore city. The plaintiff, as administrator of his father, brought this action to recover the value of certain peach trees.
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Appeal from the Court of Common Pleas of Baltimore city. The plaintiff, as administrator of his father, brought this action to recover the value of certain peach trees. The contract for the trees was made by the plaintiff, in March 1857'. The farm and nursery whereon the trees were growing, was owned in fee-simple by James S. Peters, who died on the 12th of October 1856. At the trial of the cause, after the plaintiff had offered part of his evidence, the defendant moved the Court to non-suit the plaintiff, on the ground that the suit ought to have been instituted in the name of the…
1Opinion of the Court
Bowie, C. J.,
delivered the- opinion of this Court:
The appellee, plaintiff below, declared against the appellant — 1st, for goods bargained and sold by the plaintiff to the defendant; 2nd, work done and materials provided by the plaintiff for the defendant, at his request; 3rd, money lent; 4th, money paid; 5th, money received; 6th, account stated. -To all which the appellant pleaded “he never was indebted as alleged.” A jury being impannelled upon the issues joined, the plaintiff, to maintain his action, proved that the contract made for two thousand peach trees, the value of which was sought…
2Cases cited4 opinions
- Silsby v. FooteSupreme Court of the United States · 1853
- Doyle v. Commissioners of Baltimore CountyCourt of Appeals of Maryland · 1842
- Maryland Insurance v. BathurstCourt of Appeals of Maryland · 1833
- Kent's Adm'rs v. WilkinsonCourt of Appeals of Maryland · 1833
3Cited by2 opinions
- Ordway v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- Jackson v. MerrittDistrict of Columbia Court of Appeals · 1892