Casey v. Suter
Court of Appeals of Maryland
Appeal from the Circuit Court for Montgomery County. This was an action of assumpsit brought by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion of the Court.
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Appeal from the Circuit Court for Montgomery County. This was an action of assumpsit brought by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion of the Court. The defendant offered eight prayers which the Court rejected, and in lieu thereof gave the following instructions : 1st. If the jury believe from the evidence, that any payment was ■ made by the defendant to the plaintiff, after the institution of this suit, then, under the pleadings in this cause, said payment cannot be allowed or considered by the jury. 2d. If the jury believe from the…
1Opinion of the CourtMiller, J.
•. • The proof in this case shows that the defendant borrowed from the plaintiff a sulky and harness in order to drive and exercise his horse over the track in the fair grounds of an agricultural society, and whilst so driving, the horse ran away, and broke, and greatly injured or destroyed the sulky. The declaration is in assumpsit and contains only the counts for goods bargained and sold, for work done and materials. provided, and the common money counts. The case was tried on issue joined on the plea of non assumpsit. Testimony on both sides was offered and admitted without objection, and…
2Cases cited2 opinions
- Hatton v. McClishCourt of Appeals of Maryland · 1854
- Penn v. Flack & CooleyCourt of Appeals of Maryland · 1831
3Cited by4 opinions
- Kinsey v. MinnickCourt of Appeals of Maryland · 1875
- Fry v. CarterCourt of Appeals of Maryland · 2003
- Auburn Shale Brick Co. v. Cowan Building Co.Court of Appeals of Maryland · 1915
- Blair v. BlairCourt of Appeals of Maryland · 1874