Elder v. Warfield
Court of Appeals of Maryland
Appeal from Baltimore County Court. Assumpsit. The defendant, (the now appellant,) pleaded the general issue. At the-trial the plaintiff, (the appellee,) offered in evidence, by Alfred Warfield, the plaintiff’s brother and clerk, that in the year 1817, the plaintiff was applied to by Joseph Berrett to furnish him with necessaries for his family, on credit; that the plaintiff, having doubts of Berreifs solvency, declined to do so, and refused to let him have the goods he…
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Appeal from Baltimore County Court. Assumpsit. The defendant, (the now appellant,) pleaded the general issue. At the-trial the plaintiff, (the appellee,) offered in evidence, by Alfred Warfield, the plaintiff’s brother and clerk, that in the year 1817, the plaintiff was applied to by Joseph Berrett to furnish him with necessaries for his family, on credit; that the plaintiff, having doubts of Berreifs solvency, declined to do so, and refused to let him have the goods he applied for. That at this time the defendant lived on part of a farm belonging to Berreifs wife, in what character, whether…
1Opinion of the Court
Buchanan, Ch. J.
delivered the opinion of the Court. The bill of exceptions, on which this case is brought up, was taken to the refusal of the court below to direct the jury that the plain*395tiff was not entitled to recover; and the fourth section of the statute of frauds, by which it is provided, “that no action shall be brought, whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage, of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to…
2Cited by25 opinions
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Small v. SchaeferCourt of Appeals of Maryland · 1866
- Hudson v. AshleyDistrict of Columbia Court of Appeals · 1980
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