McNulty v. Cooper
Court of Appeals of Maryland
Appeal from Frederick County Court. This was an action of Assumpsit, instituted by the appellee, John Cooper, against Cornelius McNulty, the appellant, on the 30th January, 1826, to recover the amount of two bonds, dated on the 21st August, 1819, conditioned each for the payment of $533 33, which the declaration alleged, the plaintiff, at the request of the defendant, had delivered to, and deposited with the defendant, in the years 1822 and 1823, which bonds, or the value…
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Appeal from Frederick County Court. This was an action of Assumpsit, instituted by the appellee, John Cooper, against Cornelius McNulty, the appellant, on the 30th January, 1826, to recover the amount of two bonds, dated on the 21st August, 1819, conditioned each for the payment of $533 33, which the declaration alleged, the plaintiff, at the request of the defendant, had delivered to, and deposited with the defendant, in the years 1822 and 1823, which bonds, or the value thereof, the defendant promised upon request, to return to the plaintiff, but which he had refused to do.—In addition to…
1Opinion of the CourtDouse y, J.
We think the County Court erred in refusing to grant the prayer of the appellant, as set out in his bill of exceptions. It is the duty of courts, when not restrained from doing so by some rule of law, to give to the acts, and *218agreements of the plaintiff and defendant, that interpretation which the common sense of mankind would impute to them ; and so to effectuate that interpretation, as to accomplish the design and intention of the parties, as far as it can be done, according to the established principles of law. Thus influenced, we cannot do otherwise than say, (in the absence of all proof…
2Cited by4 opinions
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- Tuck v. BowieCourt of Appeals of Maryland · 1851
- Lucas v. ByrneCourt of Appeals of Maryland · 1872
- Koehnlein v. KoehnleinCourt of Appeals of Maryland · 1925