Maryland case law › President of the Hanover Saving Fund Society v. Suter
President of the Hanover Saving Fund Society v. Suter
Maryland Court of AppealsDisposition: ReversedLe Grand, C. J.✓ Good law
HoldingThis case came before the Court of Appeals on appeal from a judgment of the county court.
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 misnomer, 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.