Sheppard v. Willis
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action instituted on the 19th of April, 1864, in the Court of Common Pleas, by the appellees as co-partners against the appellants, also co-partners in trade, to recover for fish alleged to have been sold and delivered by the former to the latter, and was by consent submitted for trial to the Court, without the intervention of a jury.
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Appeal from the Court of Common Pleas. This was an action instituted on the 19th of April, 1864, in the Court of Common Pleas, by the appellees as co-partners against the appellants, also co-partners in trade, to recover for fish alleged to have been sold and delivered by the former to the latter, and was by consent submitted for trial to the Court, without the intervention of a jury. It was proved by Daniel Piquett, on behalf of the plaintiffs, that “they did business together as co-partners in the fish business; that the defendants were likewise co-partners in the purchase and sale of fish…
1Opinion of the CourtBrent, J.
The question presented by the record in this case arises upon an application to the Court below “ to say, that in order to entitle the plaintiffs to recover from the defendants, it must find that there was a co-partnership existing between the said Sheppard & Jones, at the time of said transaction, mentioned in the bill filed in the cause, but that there was no sufficient evidence of that fact, and that the judgment must be for the defendants.” The case was submitted and tried, by consent, before the Court of Common Pleas for Baltimore city. It was accordingly its province, as it would have…
2Cited by5 opinions
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