Smithson v. United States Telegraph Co.
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action instituted in the Court of Common Pleas by the appellants, against the appellee, to recover damages for the breach of a contract to telegraph and deliver a message from the appellants, in Baltimore, to their correspondents, Manley & Company, in New York, directing the latter to sell ten thousand dollars of gold for and on account of the appellants.
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Appeal from the Court of Common Pleas. This was an action instituted in the Court of Common Pleas by the appellants, against the appellee, to recover damages for the breach of a contract to telegraph and deliver a message from the appellants, in Baltimore, to their correspondents, Manley & Company, in New York, directing the latter to sell ten thousand dollars of gold for and on account of the appellants. The declaration alleges that the message would, immediately on the receipt thereof, have been complied with by, Manley & Company, but that the appellee wholly neglected to telegraph and…
1Opinion of the CourtNelson, J.
At the argument of this cause, after hearing the counsel for the appellant, the court declined to hear the appellee’s counsel, and announced as the opinion of a majority of the court, that the motion to dismiss the appeal ought to prevail, and passed an order accordingly. The whole court was also of opinion that the account filed in the cause, upon which the suit was brought, was not a debt within the purview of Art. 4, secs. 166-169 of the Code of Public Local Laws of the City of Baltimore. We now proceed to state more fully the grounds of that opinion. The judgment rendered by the court…
2Cases cited1 opinion
- Wilson v. WilsonCourt of Appeals of Maryland · 1849
3Cited by14 opinions
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- Snyder v. CearfossCourt of Appeals of Maryland · 1946
- Holloway v. Faw, Casson & Co.Court of Special Appeals of Maryland · 1989
- Blick v. Mercantile Trust & Deposit Co.Court of Appeals of Maryland · 1910
- Massachusetts Indemnity & Life Insurance v. DresserCourt of Appeals of Maryland · 1973
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