Chesapeake Bank v. Swain
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This action was brought by the appellees, on the 2nd of July, 1864, to recover from the appellant the sum of three thousand ^dollars in gold, deposited with the latter on the 30th of December, 1861. The facts of the case, together with the exceptions which were taken by the defendant in the court below, will be found presented with sufficient fullness and clearness in the opinion of the court.
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Appeal from the Superior Court of Baltimore City. This action was brought by the appellees, on the 2nd of July, 1864, to recover from the appellant the sum of three thousand ^dollars in gold, deposited with the latter on the 30th of December, 1861. The facts of the case, together with the exceptions which were taken by the defendant in the court below, will be found presented with sufficient fullness and clearness in the opinion of the court. The ruling of the court in the first bill of exceptions was improper, because the bank book, as a whole, was evidence of the relation of creditor and…
1Opinion of the CourtAlvey, J.
The amended declaration in this case contains the common counts in assumpsit, and also a special count, for that, on the 30th of December, j86i, in consideration that the plaintiffs, (appellees in this court,) at the request of the defendant, would deliver to the latter, for deposit, certain coin to the value of three thousand dollars, in ■ the gold and silver coin of the United States, the defendant undertook and promised to return and pay to the plaintiffs, on demand, a like sum in the gold and silver coin of the United States when the plaintiffs should, by check drawn upon the' defendant,…
2Cases cited5 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Thompson v. RiggsSupreme Court of the United States · 1867
- President of the Bank of Kentucky v. WisterSupreme Court of the United States · 1829
- Bliven v. New England Screw Company.Supreme Court of the United States · 1860
- Robinson v. Noble's AdministratorsSupreme Court of the United States · 1834
3Cited by13 opinions
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Wright v. Commercial & Savings BankCourt of Appeals of Maryland · 1983
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. JenkinsIllinois Supreme Court · 1898
- Farmville Insurance & Banking Co. v. Butler ex rel. HoffmanCourt of Appeals of Maryland · 1881
- Wathen v. PearceCourt of Appeals of Maryland · 1939
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