Legal Opinion

Johnson v. Evans

Court of Appeals of Maryland

Decided December 15, 1849PublishedCited by 2 opinions

Appeal from Allegany county court. This was an action of assumpsit brought by the appellee against the appellant. The declaration contains the general indebitatus assumpsit, and money counts. Pleas, non assumpsit and limitations, in the two usual forms. 1st Exception. At the trial, the plaintiff offered the testimony of Hugh W. Evahs, taken and read by consent.

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Appeal from Allegany county court. This was an action of assumpsit brought by the appellee against the appellant. The declaration contains the general indebitatus assumpsit, and money counts. Pleas, non assumpsit and limitations, in the two usual forms. 1st Exception. At the trial, the plaintiff offered the testimony of Hugh W. Evahs, taken and read by consent. Witness is the father of the plaintiff, who came of age in February 1841. In 1839, witness made with the defendant (Johnson,) a contingent arrangement on behalf of his son, the plaintiff, for the purchase of certain lands in Allegany…

1Opinion of the CourtMagrtider, J.

The declaration in this case contained the several money counts. A verdict was rendered for the appellee, and of this verdict the appellant cannot complain, unless he can show that it was, or might have been the result of erroneous instructions given by the court to the jury, in the course of the trial.

There was evidence tending to prove that the appellant did receive money as the money of the appellee, and the former had to prove that it became his money in consequence of some valid contract made by a person authorised to dispose of it, and to vest the title to it in him.

The appellant…

2Cases cited1 opinion

  1. Baltimore & Havre de Grace Turnpike Co. v. BarnesCourt of Appeals of Maryland · 1823

3Cited by2 opinions

  1. Baltimore Humane Impartial Society & Aged Women's & Aged Men's Homes v. MarleyCourt of Appeals of Maryland · 1929
  2. Hattersley v. BissettNew Jersey Court of Chancery · 1892

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