Swartz v. Gottlieb-Bauern-Schmidt-Straus Brewing Co.
Court of Appeals of Maryland
Appeal from the Baltimore City Court (Niles, J.) The trial Court gave the following additional instruction of its own motion: If the jury find from all the evidence in the case that the premises Nos. 5, 7 and 9 E. German St. were leased by one Catherine T. O’Brien to defendant and sub-leased by the defendant to one Wm.
Read the full summary
Appeal from the Baltimore City Court (Niles, J.) The trial Court gave the following additional instruction of its own motion: If the jury find from all the evidence in the case that the premises Nos. 5, 7 and 9 E. German St. were leased by one Catherine T. O’Brien to defendant and sub-leased by the defendant to one Wm. G. Bolgiano, and if they shall further find that said O’Brien procured the distraint warrant mentioned in the evidence to be issued and the goods mentioned in the declaration to be sold thereunder, then: 1. If the jury find that the defendant had not accepted a surrender of the…
1Opinion of the CourtBoyd, C. J.
The appellee sued the appellant in assumpsit, upon six common counts, and filed therewith an account which read: “To rent of said Manuel Swartz due and owing for use and occupation of premises Mo. 8 E. German Street, Baltimore City, paid by distraint on the goods and chattels of said GottliebBauernschmidt-Straus Brewing Company "x' * * $360.00.” The defendant filed the general issue pleas. The plaintiff asked leave to amend the declaration by striking out the six counts, to add an additional count, and to withdraw the account and affidavit filed with the original declaration. The Court…
2Cases cited2 opinions
- West Virginia Central & Pittsburg R. Co. v. State Ex Rel. FullerCourt of Appeals of Maryland · 1903
- Bonaparte v. ClagettCourt of Appeals of Maryland · 1893
3Cited by8 opinions
- Saunders v. MullinixCourt of Appeals of Maryland · 1950
- Shipley v. Meadowbrook Club, Inc.Court of Appeals of Maryland · 2001
- Universal CIT Credit Corporation v. Congressional Motors, Inc.Court of Appeals of Maryland · 1967
- Calvert Building & Construction Co. v. WinakurCourt of Appeals of Maryland · 1928
- Lawrence v. GrahamCourt of Special Appeals of Maryland · 1975
3 more not listed; retrieve them via the Exa API.