Brown v. Somerville
Court of Appeals of Maryland
Appeal from Baltimore County court. This is the second appeal in this case, the first being reported in 5 Gill, 399. The action was assumpsit by the appellant against the appellee, docketed by consent, at November term 1844, upon a promissory note for $822.19, drawn by the appellee in favor of W. T. Somerville or order, dated the 1st of November 1841, and payable in two years and six months, and endorsed by the payee to the appellant. Plea, non assumpsit. Exception.
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Appeal from Baltimore County court. This is the second appeal in this case, the first being reported in 5 Gill, 399. The action was assumpsit by the appellant against the appellee, docketed by consent, at November term 1844, upon a promissory note for $822.19, drawn by the appellee in favor of W. T. Somerville or order, dated the 1st of November 1841, and payable in two years and six months, and endorsed by the payee to the appellant. Plea, non assumpsit. Exception. The facts of the case necessary to be stated are briefly these; In October 1841, the defendant, Rebecca Soiñerville, being…
1Opinion of the CourtTuck, J.
Whatever principles were settled on the former appeal must govern this court on the present, unless the record shows a materially different case. This is the established doctrine, as shown by the authorities on the appellee’s brief.
After a careful examination we can discover no such difference) except that it now appears that the note was passed by Charles Tiernan before his application under the insolvent laws, whereas the decision of one of the points on the former trial was placed on the ground that such transfer could not be made after his application; and it is now proved that the…
2Cases cited3 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
3Cited by20 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Cumberland Coal & Iron Co. v. ShermanCourt of Appeals of Maryland · 1863
- Tu v. StateCourt of Appeals of Maryland · 1994
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- Rowan v. Shapard, Stevens & Co.Court of Appeals of Texas · 1884
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