Legal Opinion

Thomas v. Green

Court of Appeals of Maryland

Decided January 7, 1869PublishedCited by 6 opinions

Appeal from the Superior Court of Baltimore City. This was an action instituted by the appellee against the appellants, charging them as co-partners, and seeking the recovery of certain promissory notes, filed with the narr. The narr. contained the common counts, and special counts on the notes, and the defendants pleaded in the usual manner.

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Appeal from the Superior Court of Baltimore City. This was an action instituted by the appellee against the appellants, charging them as co-partners, and seeking the recovery of certain promissory notes, filed with the narr. The narr. contained the common counts, and special counts on the notes, and the defendants pleaded in the usual manner. The controversy was as to the liability of Joseph A. Thomas as a co-partner with his co-defendant, E. C. Thomas, in the business of E. C. Thomas and Sons. The plaintiff proved by Benj. R. Yoe, that in the summer of 1866, he was a member of a firm known…

1Opinion of the CourtStewart, J.

The appellants having abandoned their third, fifth and sixth prayers, our attention is directed to the rejection of their first, second and fourth prayers, and the instructions of the Court below, to the jury, in the first and second exceptions.

The first and second prayers were objectionable and properly refused, because they proposed instructions to the jury in relation to certain isolated and detached matters, not material, according to the current of all the testimony, to the establishment of the claim of the appellee, nor to the legitimate defence of the appellants. They could only…

2Cited by6 opinions

  1. McBriety v. PhillipsCourt of Appeals of Maryland · 1942
  2. Erdman v. Trustees of the Eutaw Methodist Protestant ChurchCourt of Appeals of Maryland · 1917
  3. Cantor v. Baltimore Overall Manufacturing Co.Court of Appeals of Maryland · 1913
  4. Blaustein v. OldfieldCourt of Appeals of Maryland · 1919
  5. West v. DriscollCourt of Appeals of Maryland · 1923

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