Rowland v. Long
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the following prayer: That if the jury believe from the evidence in this cause, that prior to the sale and purchase of the horse, the price of which is sued for in this action, a partnership existed between Henry Rowland and John E. Zeigler for the purchase of horses, and that no notice of the dissolution of said partnership was…
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Appeal from the Circuit Court for Washington County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the following prayer: That if the jury believe from the evidence in this cause, that prior to the sale and purchase of the horse, the price of which is sued for in this action, a partnership existed between Henry Rowland and John E. Zeigler for the purchase of horses, and that no notice of the dissolution of said partnership was given to the public by publication or otherwise, or that the plaintiff had not notice in some other way of such…
1Opinion of the CourtRobinson, J.
This suit was brought to recover from the appellant, the contract price of a horse, sold by the appellee, plaintiff below, to one Zeigler, as the agent or partner of the appellant.
The first question for us to decide is, whether the declarations of Zeigler, made at the time of the sale and purchase, were admissible in evidence to bind the appellant? Such declarations, it is clear, were not binding upon the appellant, unless Zeigler was at the time his agent, and *444acting within the scope of his authority; nor were they admissible in evidence, unless there was proof from which the agency could be…
2Cases cited5 opinions
- Morrison v. WhitesideCourt of Appeals of Maryland · 1861
- National Mechanics' Bank v. National BankCourt of Appeals of Maryland · 1872
- Henderson v. MayhewCourt of Appeals of Maryland · 1844
- Hazard v. HazardU.S. Circuit Court for the District of Rhode Island · 1840
- York County Bank v. SteinCourt of Appeals of Maryland · 1866
3Cited by9 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Morgart v. SmouseCourt of Appeals of Maryland · 1906
- Vlamis v. De WeeseCourt of Appeals of Maryland · 1958
- Southern Can Co. v. SaylerCourt of Appeals of Maryland · 1927
- Bruns v. SpaldingCourt of Appeals of Maryland · 1900
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