Merrick v. Bradley
Court of Appeals of Maryland
Appeal from the Circuit Court for Queen- Ann’s county.. This was an action brought on the 11th of April 1859,-by the appellee against the appellant, on the draft or bill of exchange of Clinton Wright, in favor of the ajipellee,- and accepted by the appellant. The said draft or bill of exchange was given for the purchase money of a negro wo-man, the slave of the appellee, sold by him to-said Wright.The declaration contained but one count, upon- said draft or bill.
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Appeal from the Circuit Court for Queen- Ann’s county.. This was an action brought on the 11th of April 1859,-by the appellee against the appellant, on the draft or bill of exchange of Clinton Wright, in favor of the ajipellee,- and accepted by the appellant. The said draft or bill of exchange was given for the purchase money of a negro wo-man, the slave of the appellee, sold by him to-said Wright.The declaration contained but one count, upon- said draft or bill. The pleas were, that the plaintiff had agreed to sell and deliver said slave to the said Wright,, but had faiD ed to do so-; and-…
1Opinion of the CourtBartol, J.
This action was brought by the appellee, on a bill of ex*55change, or draft drawn by Clinton Wright, and accepted by the appellant; being for the stipulated price of a negro' woman sold to Wright by the appellee. The case comes' before us, upon an exception taken to the prayer of the plaintiff below, which was granted by the Circuit Court, (see ante 53.) In the argument of the cause in this Court, the appellant has contended that “no delivery in fact or in law, was made out by the plaintiff’s statement in his prayer, as was necessary to entitle him to recover.”
(Decided December 3rd, 1862.)
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2Cases cited2 opinions
- Franklin & Armfield v. LongCourt of Appeals of Maryland · 1836
- Clary v. FrayerCourt of Appeals of Maryland · 1837
3Cited by1 opinion
- Moore v. EmersonMissouri Court of Appeals · 1895