Ferris v. Walsh
Court of Appeals of Maryland
Appeal from Baltimore county court, This was an ac-i'10U of assumpsit^ and the declaration contained counts for work and labour, the common riioney counts, and a count an insimul conipuf assent. Tlie general issue was pleaded.
Read the full summary
Appeal from Baltimore county court, This was an ac-i'10U of assumpsit^ and the declaration contained counts for work and labour, the common riioney counts, and a count an insimul conipuf assent. Tlie general issue was pleaded. At thé trial below, the plaintiff (now appellant,) gavé id evidence, that on the 12th of March 1816, án account was stated and agreed to between the plaintiff and defendant, stating the nett proceeds on the áalés of four hbgsheads of tobacco, sold by the plaintiff for the defendant in • x . New Yoik, to be §423 74, and charging the defendant . , . ... . goods per…
1Opinion of the CourtMartin, J.
the court. Two questions are presented for the consideration of the court in this case:
1st. Whether it was the province of. the court, or of. the, jury, to decide on the liability of the plaintiff to pay the money, due from J. and J. P. Foote to the defendant?. And. 2d. If the construction- given to the contract, by the. court be correct?-.
Whether the plaintiff made a contract tp guarantee the. payment of the money due from Messrs. Foote, for the tobacco sold to them on account -,of Walsh, must depend, upon the letters and written evidence in the cause, and is a question of law, to be decided…
2Cited by2 opinions
- Unsatisfied Claim & Judgment Fund Board v. FortneyCourt of Appeals of Maryland · 1972
- Equitable Life Assurance Society v. PoeCourt of Appeals of Maryland · 1880