Southern Street Railway Advertising Co. v. Metropole Shoe Manufacturing Co.
Court of Appeals of Maryland
Appeal from the Court of Common Pleas, (Harlan, c. J.) The defendant’s prayer which was granted instructed the jury if they found that “the paper offered in evidence by the plaintiff as a contract between the parties, was signed by the defendant, upon the representations of the agent of the plaintiff, through whom the contract was made, that it was only a matter of form intended to be used to uphold the rates of the plaintiff, and was not signed as a record of the real…
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Appeal from the Court of Common Pleas, (Harlan, c. J.) The defendant’s prayer which was granted instructed the jury if they found that “the paper offered in evidence by the plaintiff as a contract between the parties, was signed by the defendant, upon the representations of the agent of the plaintiff, through whom the contract was made, that it was only a matter of form intended to be used to uphold the rates of the plaintiff, and was not signed as a record of the real contract between the parties ; and if they further find that the real contract between the parties was' that defendant should…
1Opinion of the CourtBriscoe, J.
The declaration in this case contains the common counts, and one setting forth a special contract between the plaintiff and defendant.
The defendant, in addition to the general issue pleas, filed a plea on equitable grounds to this effect; “ that the paper-writing, on which suit is brought, is not the contract of defendant, and that said paper-writing was not intended to create, and did not create, any legal relationship-whatsoever; that said paper was signed by the defendant upon the request of the plaintiff’s agent, in order that the plaintiff or its agents might show the same to other…
2Cases cited8 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Grierson v. . MasonNew York Court of Appeals · 1875
- Nutting v. Minnesota Fire InsuranceWisconsin Supreme Court · 1897
- Leppoc v. National Union BankCourt of Appeals of Maryland · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Rinaudo v. BloomCourt of Appeals of Maryland · 1956
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1929
- Watson v. RiceCourt of Appeals of Texas · 1914
- Messick v. SmithCourt of Appeals of Maryland · 1949
- Gordy v. Ocean Park, Inc.Court of Appeals of Maryland · 2001
37 more not listed; retrieve them via the Exa API.