Middendorf, Williams & Co. v. Alexander Milburn Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Duffy, J.). The second prayer of appellee (plaintiff) was as follows: The jury are instructed that in case their verdict shall be for the plaintiff they are at liberty in their sole discretion to allow the plaintiff interest at the rate of six per cent, per annum from the time when they shall find from the evidence the damages sustained by the plaintiff (if the jury shall so find) were incurred.
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Appeal from the Superior Court of Baltimore City (Duffy, J.). The second prayer of appellee (plaintiff) was as follows: The jury are instructed that in case their verdict shall be for the plaintiff they are at liberty in their sole discretion to allow the plaintiff interest at the rate of six per cent, per annum from the time when they shall find from the evidence the damages sustained by the plaintiff (if the jury shall so find) were incurred. (Granted.) Among the prayers submitted by appellant (defendant) were the following: Seventh Prayer. — The defendant prays the Court- to instruct the…
1Opinion of the CourtAdkins, J.
This is the second appeal in this case. The judgment was reversed before mainly because of erroneous rulings as to the proper measure of damages. The former appeal is reported in 134 Md. 385.
According to the testimony offered in behalf of appellee, appellant, an incorporated firm of investment brokers, agreed to “undertake to make the issue of the $44,000 or $46,000 seven per cent, preferred stock of the above company (the appellee) within a reasonable time and charge usi (appellee) the sum of $5,000’ cash for so doing.”
The above quotation is from the evidence of Jenkins, the president of…
2Cases cited5 opinions
- State Ex Rel. Zier v. Chesapeake Beach Railway Co.Court of Appeals of Maryland · 1903
- Middendorf, Williams & Co. v. Alexander Milburn Co.Court of Appeals of Maryland · 1919
- Frank v. MorrisonCourt of Appeals of Maryland · 1881
- Strasbaugh v. Steward Sanitary Can Co. of Delaware & VirginiaCourt of Appeals of Maryland · 1916
- Wegefarth v. WeissnerCourt of Appeals of Maryland · 1918
3Cited by13 opinions
- Crowe v. HouseworthCourt of Appeals of Maryland · 1974
- United States Fidelity & Guaranty Co. v. WilliamsCourt of Appeals of Maryland · 1925
- Stiegler v. Eureka Life InsuranceCourt of Appeals of Maryland · 1925
- Safeway Trails, Inc. v. SmithCourt of Appeals of Maryland · 1960
- Hercules Powder Co. v. Harry T. Campbell Sons Co.Court of Appeals of Maryland · 1929
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