Legal Opinion

Phelan v. Crosby

Court of Appeals of Maryland

Decided June 15, 1845PublishedCited by 5 opinions

Appeal from Baltimore County Court. This was an action of assumpsit, brought on the 3rd June 1841, by the appellants against the appellee. They declared upon the common counts, to which the defendant pleaded the general issue.

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Appeal from Baltimore County Court. This was an action of assumpsit, brought on the 3rd June 1841, by the appellants against the appellee. They declared upon the common counts, to which the defendant pleaded the general issue. The plaintiffs, to support the issue on their part joined, offered in evidence to the jury, that on the 3rd day of March 1841, they had sold and delivered to the defendant, a quantity of segars, to the amount of $494.25. The defendant thereupon offered in evidence the following bill and receipt: “Baltimore, March 3rd, 1841. Mr. J. Crosby bought of Phelan £f Bogue, 3000…

1Opinion of the Court

Magruder, J.,

delivered the following dissenting opinion upon the 2nd prayer of the defendant.

The plaintiffs in error, brought this action in Baltimore county court, for goods sold and delivered, and the proof in support of their claim, as set forth in the bill of exceptions, was, that “on the 3rd March 1840, they sold and delivered to the defendant, a quantity of segars, to the amount of $494.25.” This is the sum which they claimed, and upon this proof, they rested their claim.

The defendant, in order to resist this claim, and to prevent a recovery by the plaintiff, offered in proof, a bill of…

2Cases cited1 opinion

  1. Martin v. Mechanics BankCourt of Appeals of Maryland · 1824

3Cited by5 opinions

  1. Harrison v. State ex rel. HarrisonCourt of Appeals of Maryland · 1864
  2. Susquehanna Fertilizer Co. v. Thomas H. White & Co.Court of Appeals of Maryland · 1887
  3. Sebastian May Co. v. CoddCourt of Appeals of Maryland · 1893
  4. Hooper v. CreagerCourt of Appeals of Maryland · 1896
  5. Mondell v. ShaferCourt of Appeals of Maryland · 1878

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