B. F. Sturtevant Co. v. Cumberland Dugan & Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Niles, J.) Plaintiff’s 1st Prayer. — If you find that the goods, the subject of this suit, were consigned by the plaintiff to the defendants with invoices plainly requiring “stock to be covered by insurance for the benefit of the consignor,” that the goods were accepted by the defendants without objections that no such insurance was made and that the goods were destroyed by fire, then the plaintiff is entitled to recover.
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Appeal from the Superior Court of Baltimore City (Niles, J.) Plaintiff’s 1st Prayer. — If you find that the goods, the subject of this suit, were consigned by the plaintiff to the defendants with invoices plainly requiring “stock to be covered by insurance for the benefit of the consignor,” that the goods were accepted by the defendants without objections that no such insurance was made and that the goods were destroyed by fire, then the plaintiff is entitled to recover. (Refused.) Plaintiff’s 3rd Prayer. — If the jury shall find that the plaintiff shipped to the defendants all or any of the…
1Opinion of the CourtRogers, J.
This is an appeal from the Superior Court of Baltimore City. The appellant (plaintiff below) is a Massachusetts corporation, doing business as a manufacturer of machinery, in or near Boston. The appellees (defendants) are a firm in Baltimore City, and have for nearly a half a century been engaged in handling and selling machinery as factors or commission merchants, and as such have been dealing with B. F. Sturtevant and the appellant for 35 or 40 years before this suit was brought. Having for that period of time, received consign ments of B. F. Sturtevant’s and the appellant’s machinery to-be…
2Cases cited2 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Curtis v. GibneyCourt of Appeals of Maryland · 1882
3Cited by14 opinions
- Singleton v. RomanCourt of Appeals of Maryland · 1950
- Parks v. Atlanta News Agency, Inc.Court of Appeals of Georgia · 1967
- Holbert v. KellerSupreme Court of Iowa · 1913
- H.O. Anderson, Inc. v. RoseWest Virginia Supreme Court · 1987
- In Re Lexington Appliance CompanyDistrict Court, D. Maryland · 1962
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