Standard Horseshoe Co. v. O'Brien
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Dennis, J.), where the case was tried without a jury. The trial Court ruled, as matter of law, “ that there is no evidence in this case legally sufficient to show any fraud in the purchases by O’Brien & Co., of the horseshoes replevied in this case, entitling the plaintiff to rescind the sales therof, and therefore the verdict of the Court sitting as a jury must be for the defendants.”
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Appeal from the Superior Court of Baltimore City (Dennis, J.), where the case was tried without a jury. The trial Court ruled, as matter of law, “ that there is no evidence in this case legally sufficient to show any fraud in the purchases by O’Brien & Co., of the horseshoes replevied in this case, entitling the plaintiff to rescind the sales therof, and therefore the verdict of the Court sitting as a jury must be for the defendants.” The verdict, as rendered, was “ in favor of defendant for the return of the property replevied and one cent damages and costs.” Judgment 011 verdict. Code, Art.…
1Opinion of the CourtBryan, J.
This was an action of replevin brought by the appellant against the appellees. It was maintained that certain kegs of horseshoes had been fraudulently purchased by the defendant, O’Brien, from the plaintiff, and that consequently it had the right to rescind the contract of sale, and take the horseshoes under a writ of replevin. At the close of the plaintiff’s case the Court granted an instruction that there was no evidence of fraud, and that the verdict must be for the defendants. Verdict and judgment having been rendered, the plaintiff has appealed.
O’Brien & Co. had on two or three occasions…
2Cases cited1 opinion
- Cushwa v. CushwaCourt of Appeals of Maryland · 1853
3Cited by7 opinions
- Novak v. StateCourt of Appeals of Maryland · 1921
- Mylander v. PageCourt of Appeals of Maryland · 1932
- Singer v. Fidelity and Deposit Co.Court of Appeals of Maryland · 1903
- Fidelity & Deposit Co. v. SingerCourt of Appeals of Maryland · 1901
- Hartford Accident & Indemnity Co. v. StateCourt of Appeals of Maryland · 1953
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