Ewalt v. Harding
Court of Appeals of Maryland
Appeaj, from the Superior Court of Baltimore City, Assumpsit, for money had and received, brought on the 25th of November 1856, by the appellees against the appellants. Plea non assumpsit. Exception.
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Appeaj, from the Superior Court of Baltimore City, Assumpsit, for money had and received, brought on the 25th of November 1856, by the appellees against the appellants. Plea non assumpsit. Exception. The plaintiffs and defendants were commission merchants, trading, the former under the firm of “Harding & Hopkins,” and the latter of “James Myers & Co.” In October 1856, a lot of wheat was consigned to the plaintiffs for sale, and on board the same vessel was also a lot consigned, by Col. Taylor, of Virginia, to the defendants for the same purpose, that consigned to the plaintiffs-being the…
1Opinion of the CourtTuck, J.
In deciding the present appeal, we need not pronounce upon the custom in Baltimore, which, it is said, entitles the consignee of the larger parcel of grain, in a mixed cargo, to sell the whole, and account to the consignees of the smaller lots for the purchase money of their consignments, because, as we think, the merits of the controversy depend on a question not affected by such alleged custom.
It appears that the plaintiffs below, sold the grain, on the 13th of October 1856, to one Ballard, who was not known to the defendants, as the purchaser, and that they settled with them on the 18th,…
2Cases cited4 opinions
- Crawford v. BerryCourt of Appeals of Maryland · 1834
- Boyer v. Turner's Adm'rCourt of Appeals of Maryland · 1812
- Patton v. WilmotGeneral Court of Virginia · 1804
- Pennsylvania, Delaware & Maryland Steam Navigation Co. v. HungerfordCourt of Appeals of Maryland · 1834
3Cited by1 opinion
- Regester v. RegesterCourt of Appeals of Maryland · 1906