Pendergast v. Reed
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action brought by the appellee against the appellant, to recover a sum of money, obtained from the former by the latter, in the sale of a vessel by fraudulent and deceitful representations. Two exceptions were taken by the defendant — the first is fully stated in the opinion of the court, and was abandoned on the appeal. The second exception is as follows.
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Appeal from the Superior Court of Baltimore City. This was an action brought by the appellee against the appellant, to recover a sum of money, obtained from the former by the latter, in the sale of a vessel by fraudulent and deceitful representations. Two exceptions were taken by the defendant — the first is fully stated in the opinion of the court, and was abandoned on the appeal. The second exception is as follows. The plaintiff offered the following prayer: That if the jury find for the plaintiff on the fifth count in the declaration, the measure of damages is the difference between the…
1Opinion of the CourtMiller, J.
By the first exception it appears that after the testimony was closed, and before the case was given to the jury, the ^'proceedings were allowed to be amended by striking out the name of one of the two defendants, against whom the suit was brought, and leaving it to stand against the other. No objection to this action of the court has been made by the appellant’s counsel in argument, and it is fully authorized by the provisions of the Code, Art. 75, sec. 23, 27, 28.
At the trial the plaintiff stated that he relied solely upon, and confined his right to recover against the appellant, to the…
2Cited by20 opinions
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- Standard Motor Co. v. PeltzerCourt of Appeals of Maryland · 1925
- Teachout v. Van HoesenSupreme Court of Iowa · 1888
- Felt v. BellIllinois Supreme Court · 1903
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