Hoopes v. Strasburger
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The ease is stated in the opinion of the Court. Exception. — The plaintiff prayed the Court to instruct the jury: That if they find from the evidence that the carpet and rug, as testified to, were sold and delivered by the plaintiff to the defendant at the prices named, and that the defendant paid on account thereof the sum of $3.59, and in payment of the balance delivered to the plaintiff the promissory note of Brewer & Hoffacker,…
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Appeal from the Court of Common Pleas. The ease is stated in the opinion of the Court. Exception. — The plaintiff prayed the Court to instruct the jury: That if they find from the evidence that the carpet and rug, as testified to, were sold and delivered by the plaintiff to the defendant at the prices named, and that the defendant paid on account thereof the sum of $3.59, and in payment of the balance delivered to the plaintiff the promissory note of Brewer & Hoffacker, offered in evidence, dated December 6th, 1867, at 20 days, drawn originally to the order of blank, but having the name of…
1Opinion of the CourtBartol, C. J.
The appellee sued the appellant in assumpsit, and declared for goods bargained and sold and on an account stated ; the narr. also contains the other common counts.The defendant pleaded; “that he never promised as alleged,” and “payment.”
At the trial the plaintiff produced a promissory note, dated December 6, 1867, for $150, payable twenty days after date, to the order of Y. Strasburger, (the plaintiff,) and signed by Brewer & Hoffacber, and offered to deliver the same to the defendant, which the latter refused.
The plaintiff then proved that he sold a carpet and rug to the defendant for…
2Cases cited7 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Glenn v. SmithCourt of Appeals of Maryland · 1830
- Berry v. GriffinCourt of Appeals of Maryland · 1856
- Clements v. SmithCourt of Appeals of Maryland · 1850
- Fisher v. FredenhallNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Frederick-Town Savings Institution v. MichaelCourt of Appeals of Maryland · 1895