Myer v. Grafflin
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of assumpsit, brought by the appellants against the appellee, to recover the sum of $253^^ for goods sold and delivered. The defendant pleaded, “ that» he never was indebted as alleged,” and “ that he did not promise as alleged.”
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Appeal from the Court of Common Pleas. This was an action of assumpsit, brought by the appellants against the appellee, to recover the sum of $253^^ for goods sold and delivered. The defendant pleaded, “ that» he never was indebted as alleged,” and “ that he did not promise as alleged.” Upon the trial, the plaintiffs proved by James Myer, that the firm of James Myer & Co., the plaintiffs, was composed of the witness and Augustus Ewaldt,< and that the witness was the senior partner of the firm; that in the month of November, 1865, a certain Robert Spear and J. B. Pratt called at the store of…
1Opinion of the CourtMiller, J.
There is no difficulty about the construction of the part of the fourth section of the Statute of Erauds relied on by the appellee as. a defence to this action. That is clearly *355settled by tbe case of Elder vs. Warfield, 7 H. & J., 391, which has been followed and approved by all the subsequent decisions in this State upon the same subject. To ascertain whether the defendant’s undertaking was collateral or original, the point of inquiry in the case before us is, to whom was the credit given at the time of the sale and delivery of the goods, and we are clearly of opinion the Court below erred…
2Cases cited3 opinions
- Elder v. WarfieldCourt of Appeals of Maryland · 1826
- Conolly v. Kettlewell & WilsonCourt of Appeals of Maryland · 1843
- Cropper v. PittmanCourt of Appeals of Maryland · 1859
3Cited by6 opinions
- East Baltimore Lumber Co. v. K'nessett Israel Aushe S'phard CongregationCourt of Appeals of Maryland · 1904
- East Baltimore Lumber Co. v. K'nessett Israel Aushe S'phard CongregationCourt of Appeals of Maryland · 1905
- Kerner v. Eastern Dispensary & Casualty HospitalCourt of Appeals of Maryland · 2001
- Crown Realty Corp. v. WeinsteinCourt of Appeals of Maryland · 1939
- Donnelly v. NewboldCourt of Appeals of Maryland · 1901
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