Goldsborough v. Orr - 21 U.S. 217 (1823)


U.S. Supreme Court

Goldsborough v. Orr, 21 U.S. 8 Wheat. 217 217 (1823)

Goldsborough v. Orr

21 U.S. (8 Wheat.) 217

Syllabus

Where the acts stipulated to be done are to be done at different times, the covenants are to be construed as independent of each other.

Application of this principle to the peculiar circumstances of the present case.

Under the Act of Assembly of Maryland of 1795, c. 56, if the defendant appears, and dissolves the attachment, a declaration and subsequent pleadings are not necessary, as in other actions, but the cause may be tried upon a short note.

It seems, under the same act, that an attachment will not lie in a case ex contractu for unliquidated damages for the nondelivery of goods. But where the plaintiff is entitled to a stipulated sum of money in lieu of a specific article to be delivered, an attachment will lie.

Page 21 U. S. 218



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