Warwick v. Chase
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. This was an attachment on-ioarrant, issued at the instance of the appellant against E. Le Breton & Co., to recover $9,578.58 damages, claimed by the former from the latter, for alleged delay in selling a cargo of flour, and failure to invest the proceeds in a return cargo of coffee.
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Appeal from the Superior Court of Baltimore city. This was an attachment on-ioarrant, issued at the instance of the appellant against E. Le Breton & Co., to recover $9,578.58 damages, claimed by the former from the latter, for alleged delay in selling a cargo of flour, and failure to invest the proceeds in a return cargo of coffee. The attachment papers consist of a pro forma or hypothetical account, accompanied with, the affidavit of the plaintiff, purporting to show what would have heen his profits had the flour heen sold to the best advantage, and the proceeds of sale applied to the…
1Opinion of the CourtCochran, J.
This attachment was issued by the appellant, to recover the sum of $9,518.58, damages claimed to be due from Francis Le Breton & Co., his agents and consignees, at Rio dc Janeiro, for their delay in selling a shipment of flour, and failure to invest the proceeds in a return cargo of coffee. The motion to quash proceeds on the ground, that the damages claimed are not liquidated, and there*160fore not recoverable by attachment. It is contended', hot^ ever, on the other side, that the claim arose, ex contractu, and although for damages, ndt liquidated according to the strict sense of the terna, yet…
2Cases cited4 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Bell v. CunninghamSupreme Court of the United States · 1830
- Wilson v. WilsonCourt of Appeals of Maryland · 1849
- Cox v. DawsonWashington Supreme Court · 1891
3Cited by9 opinions
- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
- Hochstadler Bros. v. SamTexas Supreme Court · 1889
- Dirickson v. ShowellCourt of Appeals of Maryland · 1894
- Smith v. ArmourSuperior Court of Delaware · 1898
- State ex rel. Bouldin v. SteibelCourt of Appeals of Maryland · 1869
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