Atwell v. Miller
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit by the appellees against the appellant, to recover a balance due the plaintiffs on account of the sale of certain goods, (fourteen bales of osnaburgs and twenty-five bales of drills,) alleged to have been first sold by the plaintiffs to defendant, and afterwards, at his request, resold by them on his account. The declaration contained the common money counts. Plea, non assumpsit.
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Appeal from the Superior Court of Baltimore city. Assumpsit by the appellees against the appellant, to recover a balance due the plaintiffs on account of the sale of certain goods, (fourteen bales of osnaburgs and twenty-five bales of drills,) alleged to have been first sold by the plaintiffs to defendant, and afterwards, at his request, resold by them on his account. The declaration contained the common money counts. Plea, non assumpsit. The record not showing that all the exceptions were taken and signed by the court, it was agreed by counsel that the cause should be tried in this court as…
1Opinion of the CourtMason, J.
This is an action of assumpsit, instituted by the appellees *16against the appellant, to recover the balance upon certain sales alleged to have been made by the formerj as factors, on account of the latter, the controversy involving the sum of one hundred and twenty-two dollars.
The first question which is raised in the record, relates to so much of the evidence of Goodwin, which seeks to introduce the blotter of the store, containing the original entry of one of the plaintiffs, at the time the alleged transaction with the defendant took place. This evidence was objected to by the defendant, “as…
2Cited by13 opinions
- Burgess v. LloydCourt of Appeals of Maryland · 1854
- Fusting v. SullivanCourt of Appeals of Maryland · 1874
- Jones v. Mechanics BankCourt of Appeals of Maryland · 1868
- Römer v. JaeckschCourt of Appeals of Maryland · 1874
- Hall v. RichardsonCourt of Appeals of Maryland · 1860
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