Powell v. Josiah Bradlee & Co.
Court of Appeals of Maryland
Appeal, from Baltimore county court. This was an action of Replevin sued out on the 26th April, 1833, by the appellees trading under the firm of Josiah Bradiee 4r Co. for 510 barrels of flour, and 4424^ bushels of com, the property of the plaintiffs taken and detained, &e. by William Powell, Henry B. Fiddeman, John Boggs, and Alexander L. Boggs, the defendants.
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Appeal, from Baltimore county court. This was an action of Replevin sued out on the 26th April, 1833, by the appellees trading under the firm of Josiah Bradiee 4r Co. for 510 barrels of flour, and 4424^ bushels of com, the property of the plaintiffs taken and detained, &e. by William Powell, Henry B. Fiddeman, John Boggs, and Alexander L. Boggs, the defendants. The property was returned by the sheriff replevied, and delivered as per schedule, which bore date on the 29th April, 1833, and the receipt of Andrew Hall of that date for both, was filed by the sheriff — the defendants severed in…
1Opinion of the CourtStephen, J.
This case involves several questions, some of which are of considerable importance, and the decision of which is attended with no little difficulty. It is an action of replevin, instituted in the court below, by the appellees against the appellants, to recover a quantity of corn and flour, which had been sold by separate and distinct contracts by the appellants to certain persons, from whom the appellees claim to have derived title. We do not think that the county court were wrong in rejecting the defendants’ first prayer. The principle is unquestionable, that property while in the custody of…
2Cited by13 opinions
- Foley v. William Mason & Son ex rel. BirckheadCourt of Appeals of Maryland · 1854
- Praeger v. Emerson-Brantingham Implement Co.Court of Appeals of Maryland · 1914
- Ratcliffe v. SangstonCourt of Appeals of Maryland · 1862
- Thompson v. Sun Cab Co.Court of Appeals of Maryland · 1936
- Higgins v. LodgeCourt of Appeals of Maryland · 1888
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