Mitchell v. Dall
Court of Appeals of Maryland
Appear from Baltimore County Court This was an action of assumpsit to recover the sum of $552 97, brought by the appellant, (the plaintiff in the court below,) against the appellee, (the defendant in that court.) The declaration contained Jive counts.
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Appear from Baltimore County Court This was an action of assumpsit to recover the sum of $552 97, brought by the appellant, (the plaintiff in the court below,) against the appellee, (the defendant in that court.) The declaration contained Jive counts. The first averred, that on the 3d of January 1821, at, &c. in consideration that the plaintiff, at the special instance and request of the defendant, would sell and deliver to Archibald Austin, agent of Jacob Lewis Co. on a credit of four months, certain goods, wares and merchandize, the defendant undertook, and then and there faithfully…
1Opinion of the CourtMartin, J.
at this term delivered the opinion of the Court In the trial of this cause, three bills of exceptions were taken by the defendant to opinions given by the court below, and four by the plaintiff. As the defendant obtained a verdict, and no appeal has been prosecuted by him, it will only be necessary to consider those presented to us by the plaintiff.
This is an action of assumpsit, instituted by Mitchell, upon an agreement in writing, by which Dali engaged, if Mitchell would furnish goods to Lewis & Co. through their agent, Archibald JLustin, upon a credit of four months, he would guaranty the…
2Cases cited1 opinion
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
3Cited by4 opinions
- Slingluff v. Andrew Volk Builders' Supply Co.Court of Appeals of Maryland · 1899
- Continental Oil Co. v. HorseyCourt of Appeals of Maryland · 1939
- Smith v. CrichtonCourt of Appeals of Maryland · 1870
- Hopkins v. KentCourt of Appeals of Maryland · 1861