Kiersted v. Rogers & Garland
Court of Appeals of Maryland
Appeal from Baltimore county court: Assumpsit ón e promissory rióte; dated the 1st of April 1819, drawn by B. Arnold, for §617 09, payáble six months after date to the defendant, (the appellant,) or order, and by him endorsed to J. Snyder, who’ endorsed it to the plaintiffs, (the appellees,) and it was by them endorsed in blank. The defendant being ruled to pléad to tlie declaration, made default.
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Appeal from Baltimore county court: Assumpsit ón e promissory rióte; dated the 1st of April 1819, drawn by B. Arnold, for §617 09, payáble six months after date to the defendant, (the appellant,) or order, and by him endorsed to J. Snyder, who’ endorsed it to the plaintiffs, (the appellees,) and it was by them endorsed in blank. The defendant being ruled to pléad to tlie declaration, made default. The record then states'; “for which the plaintiffs ought to recover against the defendant their damages by occasioH'of the nonperformance of tlié promises and undertakings; but because it is unknown…
1Opinion of the CourtEairle, J.
We fully concur in the opinion pronounced by Baltimore, county-court in the bill of exceptions in this record. They refuse ed, on the prayer of the defendant, to direct the jury, that the plaintiffs were only entitled to nominal damages, and in this they were undeniably right The judgment by default is an admission of the cause of action, and the defendant’s liability to the amount of the note, which must be produced on tbe trial, that it may be seen whether any part of it has been paid, hut which need not be proved. This admitted liability to the plaintiffs’ action might also.be considered…
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- Davidson v. MyersCourt of Appeals of Maryland · 1866
- Hess Construction Co. v. Board of EducationCourt of Special Appeals of Maryland · 1995
- Santa Clara Mining Co. v. WilliamsBaltimore City Superior Court · 1894
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