Milburn v. Guyther
Court of Appeals of Maryland
Appeal from Saint Mary's county court. This was an action of assumpsit, instituted by the appellee against the appellant, on the 18th of August, 1845. The pleadings and facts of the case are fully stated in the opinion of this court.
1Opinion of the CourtDorsey, C. J.
The plaintiff below, in his declaration, sought to recover of the defendant, on the usual counts of general indebitatus assumpsit, money lent and advanced, and money had and received. The defendant pleaded non assumpsit, and filed two accounts in bar against the plaintiff: the one charging him with $300, due to him from the plaintiff, for the sixth part of the proceeds of sale of the schooner “W. T. Savin,” sold in the year 1837, and the other charging him with $60.07, one-sixth part of the freight received as the earnings of the schooner. To these accounts in bar, the plaintiff replied non…
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- Smith v. Johns Eastern Co.Court of Appeals of Maryland · 1973
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