Ferguson v. Cappeau
Court of Appeals of Maryland
Appeal from Baltimore county court. This vfas an action of assumpsit, instituted by Charles Cappeau, the áppellee’s inféstate'; ágáinst the appellant, to recover the value of four cases and three bales of dry goods, shipped on board a vessel of the appellaiit,- called the Cecily by the said intestate, to be transported for freight froth Baltimore to Norfolk, and which the declaration alleges were wholly lost by the negligence of the appellant; The declaration states, “that…
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Appeal from Baltimore county court. This vfas an action of assumpsit, instituted by Charles Cappeau, the áppellee’s inféstate'; ágáinst the appellant, to recover the value of four cases and three bales of dry goods, shipped on board a vessel of the appellaiit,- called the Cecily by the said intestate, to be transported for freight froth Baltimore to Norfolk, and which the declaration alleges were wholly lost by the negligence of the appellant; The declaration states, “that heretofore, to wit,- bit the eleventh day of October, in the year one thousand eight hundred and fifteen*at Baltimore…
1Opinion of the Court
Rucharán, Ch. ,1.
delivered the opinion of the eburt. This case comes upon three bills of exception, taken on the part of the appellant, who was defendant below, being the second-, thirds and fourth bills of exceptions contained in the record; the second and- third on the refusal by the court to direct the jury, that the plaintift', the appellee; was not entitled to recover. To which four objections are raised. The 1st. That there ought to have been an averment in the declaration, that the freight was paid, or tendered to be paid. The 2d. That payment, or tender of the freight, ought to have…
2Cited by2 opinions
- Baltimore & Ohio R. R. v. SkeelsWest Virginia Supreme Court · 1869
- Andrews v. ScottonHigh Court of Chancery of Maryland · 1822