Smith v. Easton
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is sufficiently stated in the opinion of the Court. Exception.—At the trial the plaintiff offered the ten following prayers: 1. If the jury shall believe from the evidence, that William H. Easton was indebted to the plaintiffs in the sum of §531.38 ; and that plaintiffs’ agent proceeded to the store of said William H. Easton, and was about to attach the stock of goods therein to satisfy said indebtedness, and that…
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Appeal from the Superior Court of Baltimore City. The case is sufficiently stated in the opinion of the Court. Exception.—At the trial the plaintiff offered the ten following prayers: 1. If the jury shall believe from the evidence, that William H. Easton was indebted to the plaintiffs in the sum of §531.38 ; and that plaintiffs’ agent proceeded to the store of said William H. Easton, and was about to attach the stock of goods therein to satisfy said indebtedness, and that thereupon the said William H. Easton telegraphed to the defendant that the plaintiffs were about to seize the stock in his…
1Opinion of the CourtBrent, J.
There can be no question since the decision in this Court, of the case of The Franklin Bank of Baltimore vs. Lynch, 52 Md., 270, of the right of the appellants to recover under the form of their declaration. The appellee is not sued as an endorser, but the action is brought upon the breach of an alleged promise to endorse.
Two questions arise in the case. The first is the sufficiency of the evidence to establish the promise. The appellants, merchants in the City of Baltimore, having a claim upon open account against William H. Easton, a merchant in Chesapeake City, Cecil County, Maryland, sent…
2Cases cited2 opinions
- Ecker v. BohnCourt of Appeals of Maryland · 1876
- Franklin Bank v. LynchCourt of Appeals of Maryland · 1879
3Cited by23 opinions
- Cobb v. Glenn Boom & Lumber Co.West Virginia Supreme Court · 1905
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- City Street Improvement Co. v. PearsonCalifornia Supreme Court · 1919
- Sublet, Harris & Monge-Martinez v. StateCourt of Appeals of Maryland · 2015
- Thomas v. OwensCourt of Special Appeals of Maryland · 1975
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