Globe Distributing Co. v. Louis Swimmer

Parke, J., delivered the opinion of the Court. The action on this record was brought by the Globe Distributing Company, a body corporate of the State'of Maryland, plaintiff, against Louis Swimmer, J. G, Senner, and Mannie Levin, defendants, for money payable by the defendants to the plaintiff for goods bargained and sold by the plaintiff to the defendants. The damages claimed are laid in the sum of $750. The action was on one of the common counts against the defendants jointly.

A bill of particulars was demanded, and filed. In its final amended form the particulars supplied are that the defendants are the persons to whom a liquor license was issued by the Board of License Commissioners of Baltimore City for the sale of liquor on the premises known as the New Howard Hotel, located in Baltimore City, and that the claim'of the plaintiff is a balance of $551.36 “for merchandise sold by the said plaintiff to the said licensees as they appear on the books of the plaintiff,” •and that the invoices were made out to the New Howard Hotel or to the “Wonder Bar” in accordance with the custom of the plaintiff’s business to facilitate shipments. A statement of the account and duplicate invoices of charges and credits were attached to the bill of particulars and made a part of the same. The bill of particulars ⁶⁵⁵ concludes with a separate paragraph to the effect “that the claim of the plaintiff is based on the liability of the defendants as licensees under the provisions of article 2B of the Code of Public General Laws of Maryland as contained in the 1935 Supplement of the Annotated Code of Maryland, and the following amendments thereto as are contained in the Acts of 1937, inclusive of 1937 Special Session of the General Assembly of Maryland: Chapters 411, 398, 353, 493, 476, 133, 324, 20, 440, 399 and 492 of the Acts of 1937, regular session; and Chapter 11 of the Acts of 1937, special session.” The statement and invoices referred to show that the invoices were issued against “Wonder Bar” or “New Howard Hotel” with the common address at 8 N. Howard Street, as explained in the body of the bill of particulars; and that the statement of the charges and credits was drawn against the named three defendants, “trading as New Howard Hotel.” No exception was taken to the form of the amended bill of particulars, but a demurrer was