Adams v. Capron
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County : This suit was instituted by the appellees in March 18G2„' The declaration contained the common counts, and a special count, in the following terms: “For that the plaintiff, at several times prior to the 23rd of February 1860, advanced to the defendant, at his request, large sums of money, amounting in all to $6254.44, on a lot of beef, shipped from Baltimore to London, by the barque ‘Emelia/ for sale; and the defendant, at…
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Appeal from the Circuit Court for Howard County : This suit was instituted by the appellees in March 18G2„' The declaration contained the common counts, and a special count, in the following terms: “For that the plaintiff, at several times prior to the 23rd of February 1860, advanced to the defendant, at his request, large sums of money, amounting in all to $6254.44, on a lot of beef, shipped from Baltimore to London, by the barque ‘Emelia/ for sale; and the defendant, at the time of said advances, agreed with the plaintiff that if the amount yvhicli they should realize from the salo of said…
1Opinion of the Court
Cochran, J.,
delivered tide opinion of this Court:
This suit was brought to recover advances upon an invoice of beef consigned by the appellant to Messrs. Huth & Co., of London. The advances were made to an amount largely exceeding the proceeds of the invoice, by drafts on Huth & Co., who had authorized the appellees to draw for the advances, upon their undertaking to be responsible for the amount of their overdrafts. When these advances were made, the appellees, to protect themselves from loss, obtained from the "appellant his promise to' refund the amount advanced above the proceeds of his…
2Cases cited4 opinions
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Haney v. MarshallCourt of Appeals of Maryland · 1856
- McTavish v. CarrollCourt of Appeals of Maryland · 1855
- Riggin v. Patapsco InsuranceCourt of Appeals of Maryland · 1826
3Cited by22 opinions
- Baltimore & Ohio Railroad v. BlocherCourt of Appeals of Maryland · 1867
- Miller v. LeibCourt of Appeals of Maryland · 1909
- W., B. A.R. Co. v. StateCourt of Appeals of Maryland · 1920
- Bluthenthal & Bickart v. May Advertising Co.Court of Appeals of Maryland · 1915
- Corbett v. WolfordCourt of Appeals of Maryland · 1896
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