Bonaparte v. Clagett
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. Exception. — -The plaintiff offered the two following prayers: 1. If the jury find that the plaintiff was induced to sell the corn and tomatoes, mentioned in the evidence, to Thomas Clagett, of Weston, and to deliver the same at the factory at Weston by means of false and fraudulent representations made by said Thomas Clagett, of Weston, to the plaintiff, then no title to said goods passed…
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Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. Exception. — -The plaintiff offered the two following prayers: 1. If the jury find that the plaintiff was induced to sell the corn and tomatoes, mentioned in the evidence, to Thomas Clagett, of Weston, and to deliver the same at the factory at Weston by means of false and fraudulent representations made by said Thomas Clagett, of Weston, to the plaintiff, then no title to said goods passed from said plaintiff to said Thomas Clagett by reason of said sale or delivery ; and if the jury find that, at the time…
1Opinion of the CourtRoberts, J.
On March 5th, 1889, the appellee commenced his action in the Court below, by filing against the appellant a declaration in assumpsit upon the six common counts. On March 23rd, 1891, by leave of the Court, the form of action was changed from assumpsit to trover, and an amended declaration filed, containing four counts, but in consequence of the instructions of the Court, the right of recovery was limited to the third count, which reads as follows :
“And for that the defendant converted to his own use, and deprived the plaintiff of the possession of the plain*94tiff’s goods, to wit, a large…
2Cases cited9 opinions
- Levi v. BoothCourt of Appeals of Maryland · 1882
- Murray v. BurlingNew York Supreme Court · 1813
- Bates v. ConklíngNew York Supreme Court · 1833
- Paige v. O'NealCalifornia Supreme Court · 1859
- Hall v. HinksCourt of Appeals of Maryland · 1864
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3Cited by8 opinions
- Merchants' National Bank v. WilliamsCourt of Appeals of Maryland · 1909
- State v. Boston ClubSupreme Court of Louisiana · 1893
- Seaboard Air Line Railway v. PhillipsCourt of Appeals of Maryland · 1908
- Wallander v. BarnesCourt of Appeals of Maryland · 1996
- Swartz v. Gottlieb-Bauern-Schmidt-Straus Brewing Co.Court of Appeals of Maryland · 1909
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