Berry v. McLean
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit brought by the appellant against the appellee and another for money paid, laid out and expended by the plaintiff for the defendants, and at their special instance and request.. The appellee, who was alone returned summoned, plead non assumpsit. Exception.
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Appeal from the Superior Court of Baltimore city. Assumpsit brought by the appellant against the appellee and another for money paid, laid out and expended by the plaintiff for the defendants, and at their special instance and request.. The appellee, who was alone returned summoned, plead non assumpsit. Exception. The facts of the case, and the defendant’s prayer, to the granting of which, by the court below, (Frick, J.,) the plaintiff excepted, are fully stated in the opinion of this court. The verdict and judgment was in favor of the defendant, and the plaintiff appealed.
1Opinion of the Court
Eccrestón, J.,
delivered the opinion of this court.
This is an action of assumpsit, brought by John H. Berry against William H. McLean and George McLean. The latter was not taken. The other defendant appeared and pleaded non assumpsit.
Prior to the 1st of October 1846, the appellant and William H. and George McLean were partners, trading under the firm of William and George McLean & Co. On that day the co-partnership was dissolved, the appellant retiring from the firm. On the dissolution taking place articles of agreement were entered into, providing, among other things, that the debts of the…
2Cited by4 opinions
- State ex rel. Buckey v. CullerCourt of Appeals of Maryland · 1862
- Mullen v. WarnerCourt of Appeals for the Fourth Circuit · 1926
- Glenn v. ClabaughCourt of Appeals of Maryland · 1886
- In Re MooreCourt of Appeals for the Fourth Circuit · 1926