Wirgman's Adm'rs v. Mactier
Court of Appeals of Maryland
Appeal from Baltimore County Court. This is the same case which was before this court at December Tern, 1819, (4 Harr. & Johns. 558,) on appeal from Baltimore county, wherein the Judgment was reversed, and the record remitted under a procedendo. 1. At the second trial, the same evidence was offered as on the first trial, and which is set out in the bill of exceptions then taken, [see 4 Harr. & Johns. 568] except that slated in page 374, lines 5, 6, 7, 8 and 9, from the…
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Appeal from Baltimore County Court. This is the same case which was before this court at December Tern, 1819, (4 Harr. & Johns. 558,) on appeal from Baltimore county, wherein the Judgment was reversed, and the record remitted under a procedendo. 1. At the second trial, the same evidence was offered as on the first trial, and which is set out in the bill of exceptions then taken, [see 4 Harr. & Johns. 568] except that slated in page 374, lines 5, 6, 7, 8 and 9, from the bottom, as to the understanding of the merchants of Baltimore, &c. Also that of II. Campbell, in page 675, lines 5, &c. and…
1Opinion of the Court
Buchanan, Ch. J.
delivered the opinion of the Court.
This is an action of assumpsit brought to recover a sum of money retained by Charles 8f Peter Wirgman, who were the owners of the ship William Wilson, on account of freight, out of -the proceeds of that part of the cargo, shipped on board that ship, which belonged to the appellee; and the.question is, whether freight was earned or not.
Four bills of exceptions were taken at the trial. The appellee who was the plaintiff below, offei'ed to pr’ove, that the ports of Constantinople on the Dardanelles, of Salónica on the Morea, and of Gibraltar,…
2Cited by1 opinion
- McCullough v. HellwegCourt of Appeals of Maryland · 1886