President of the Hanover Saving Fund Society v. Suter

Court of Appeals of Maryland

President of the Hanover Saving Fund Society v. Suter

1 Md. 502

DecidedDecember 15, 1851

StatusPublished

This text of 1 Md. 502 (President of the Hanover Saving Fund Society v. Suter) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

President of the Hanover Saving Fund Society v. Suter, 1 Md. 502 (Md. 1851).

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Opinion

Le Grand, C. J.,

delivered the opinion of the court.

We do not concur with the county court in the instruction which it gave. The only plea was that of non-assumpsit, and under such a plea, advantage could not be taken of the [504]*504misnomer, for such we consider the character of the point presented by the second prayer of the defendant, which the county court gave. The case is identically the same in principle, as that of Bank of Metropolis vs. Orme, 3 Gill, 443.

Judgment reversed and procedendo awarded.

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Le Grand, C. J.,

delivered the opinion of the court.

We do not concur with the county court in the instruction which it gave. The only plea was that of non-assumpsit, and under such a plea, advantage could not be taken of the [504]*504misnomer, for such we consider the character of the point presented by the second prayer of the defendant, which the county court gave. The case is identically the same in principle, as that of Bank of Metropolis vs. Orme, 3 Gill, 443.

Judgment reversed and procedendo awarded.

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1 Md. 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/president-of-the-hanover-saving-fund-society-v-suter-md-1851.

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