Legal Opinion

Appleman v. Fisher

Court of Appeals of Maryland

Decided June 22, 1871PublishedCited by 19 opinions

Cross-Appeals from the Superior Court of Baltimore City. This was an action brought by the appellant in the first of the above cases, to recover damages growing out of an alleged breach of a contract with the appellees for the sale of gold.

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Cross-Appeals from the Superior Court of Baltimore City. This was an action brought by the appellant in the first of the above cases, to recover damages growing out of an alleged breach of a contract with the appellees for the sale of gold. At the trial below, the plaintiff excepted to the admissibility of certain evidence taken under a commission in New York on the part of the defendants, to prove the fact of the actual purchase of the gold by them on the 24th of September; that it was made by a regular broker at the Gold Board; that the Gold Board was the usual place of buying gold; that…

1Opinion of the CourtAlvey, J.

Appleman, a banker and broker in Hagerstown, and Fisher & Sons, bankers and brokers in Baltimore, had dealt together in their business as bankers and brokers, and between whom there existed an open account of their transactions, when, on the 31st of March, 1869, the former, by telegraphic correspondence, conducted mostly in cipher, con-ti’acted to sell to the latter §100,000 gold, short, at $1.31. This amount of gold, at the price agreed on in currency, was credited by Fisher & Sons in account, and carried by them for Appleman, until the 24th of September, 1869, when they, availing themselves…

2Cases cited4 opinions

  1. Oelricks v. FordSupreme Court of the United States · 1860
  2. Foley v. William Mason & Son ex rel. BirckheadCourt of Appeals of Maryland · 1854
  3. Williams v. WoodsCourt of Appeals of Maryland · 1860
  4. Merchants Mutual Insurance v. WilsonCourt of Appeals of Maryland · 1852

3Cited by19 opinions

  1. Applestein v. Royal Realty Corp.Court of Appeals of Maryland · 1942
  2. Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
  3. Travelers Insurance v. HermannCourt of Appeals of Maryland · 1928
  4. Taliaferro v. First National BankCourt of Appeals of Maryland · 1889
  5. Mercantile Trust & Deposit Co. v. RodeCourt of Appeals of Maryland · 1921

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