Mayhew v. Graham
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of assumpsit, brought to May term 1842, of said county court, by the appellees against W. E. Mayhew Co., the firm consisting of William E. Mayhew, William D. Miller, Alexander Fisher, and Gorham Brooks. Errors of pleading and misjoinders of parties were mutually waived. The defendants pleaded non assumpsit, and the verdict was for the plaintiffs. 1st Exception.
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Appeal from Baltimore county court. This was an action of assumpsit, brought to May term 1842, of said county court, by the appellees against W. E. Mayhew Co., the firm consisting of William E. Mayhew, William D. Miller, Alexander Fisher, and Gorham Brooks. Errors of pleading and misjoinders of parties were mutually waived. The defendants pleaded non assumpsit, and the verdict was for the plaintiffs. 1st Exception. At the trial, the plaintiffs gave in evidence by Henry Hinkley, that between the 15th and"20th November 1841, Hugh Boyle called at the store of the plaintiffs and had some…
1Opinion of the Court 1
Magruder, J.,
delivered his opinion as follows:
It has already been decided by this court, in the case of Henderson and Mayhew, and others, 2 Grill, 393, that the owner of a vessel may be made answerable for supplies and articles procured by his agent,- as in that case, although those articles had been charged to the agent, provided the vendor was ignorant at the time that such agent was not the owner.
This action was brought by the defendant in error, in order to recover the price of the various articles furnished for the brig Harriet, and the plaintiff could only recover,- by proving to the…
Also in this document: Opinion of the Court · Magruder.
2Cases cited4 opinions
- Henderson v. MayhewCourt of Appeals of Maryland · 1844
- Carroll v. Norwood's heirsCourt of Appeals of Maryland · 1820
- Wesley v. ThomasCourt of Appeals of Maryland · 1823
- Wyman v. GrayCourt of Appeals of Maryland · 1826
3Cited by2 opinions
- Spencer v. FranksCourt of Appeals of Maryland · 1937
- E. J. Codd Co. v. ParkerCourt of Appeals of Maryland · 1903