Gent v. Cole ex rel. Cole
Court of Appeals of Maryland
Appeal from the Baltimore City Court. This action was brought by the appellee against the appellant. The declaration stated that the plaintiff sued the defendant, First. — For that the said defendant, by fraud, imposition and false statements, did induce the plaintiff to enlist in the Army of the United States as a private soldier, to the great loss and injury of the said plaintiff.
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Appeal from the Baltimore City Court. This action was brought by the appellee against the appellant. The declaration stated that the plaintiff sued the defendant, First. — For that the said defendant, by fraud, imposition and false statements, did induce the plaintiff to enlist in the Army of the United States as a private soldier, to the great loss and injury of the said plaintiff. Second. — For that the said defendant did wrongfully and fraudulently procure the said plaintiff to he enlisted in the army of the United States as a private soldier, to the great loss and injury of the said…
1Opinion of the CourtAlvey, J.
The verdict in this case being against the defendant, he moved in arrest of judgment, on the ground that the declaration did not disclose a sufficient cause of action. This motion was overruled by the Court below, and the first question presented on this appeal is5 was the motion in arrest properly overruled?
The declaration as originally filed, contained three counts, and, under leave to amend, a fourth was added. The first three counts were in case, and the last in trespass. This joinder of counts, in a case like the present, is allowable, by the law of Maryland, as decided in the case of…
2Cases cited2 opinions
- Merrick v. Trustees of the BankCourt of Appeals of Maryland · 1849
- Williams v. BrambleCourt of Appeals of Maryland · 1852
3Cited by13 opinions
- Continental Masonry Co. v. Verdel Construction Co.Court of Appeals of Maryland · 1977
- Pendleton v. StateCourt of Appeals of Maryland · 2007
- Read Drug & Chemical Co. v. Colwill Construction Co.Court of Appeals of Maryland · 1968
- Phelps Ex Rel. Phelps v. Board of County CommissionersCourt of Appeals of Maryland · 1912
- Anne Arundel County v. Carr.Court of Appeals of Maryland · 1909
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