Cadwallader v. Kroesen
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County: The appellee in this case as assignee of Sewell, Janney & Owings, sued the appellant by attachment on warrant in the Circuit Court for Baltimore County, for goods sold and delivered between the 28th of August 1852, and April 14th 1853, amounting at the last date to $366.90. The attachment was dissolved by a bond being given, the defendant appeared and a declaration was filed.
Read the full summary
Appeal from the Circuit Court for Baltimore County: The appellee in this case as assignee of Sewell, Janney & Owings, sued the appellant by attachment on warrant in the Circuit Court for Baltimore County, for goods sold and delivered between the 28th of August 1852, and April 14th 1853, amounting at the last date to $366.90. The attachment was dissolved by a bond being given, the defendant appeared and a declaration was filed. It was then agreed, that the defendant should have leave to file an account, in bar, and that no advantage should be taken of any neglect or error in the pleadings on…
1Opinion of the Court
G-oldsborough, J.,
after stating the facts of the case in substance as on pages 200-202, ante, delivered the opinion of this Court.
After a careful review and consideration of the statement and testimony, we think that the Judge of the Circuit Court was authorized to infer that the agreement between Sewell and Moore for the sale and purchase of the cattle mentioned in the statement, was for the private benefit of Sewell, and that it was made without the knowledge and consent of Sewell’s co-partners.' Though the evidence shows that the groceries which Moore had obtained, and was about to obtain,…
2Cases cited2 opinions
- Mercein v. Andrus & MackNew York Supreme Court · 1833
- Brown v. DuncansonGeneral Court of Virginia · 1799
3Cited by2 opinions
- Williams v. BarnettSupreme Court of Kansas · 1872
- Hodges v. Ninth National BankCourt of Appeals of Maryland · 1880