Leonard v. Hughlett
Court of Appeals of Maryland
Appeal from the Circuit Court for Talbot County. This suit was instituted on the 9th of May, 1870, by John O. Gallup, the appellant’s intestate, against Nathaniel Leonard and William R. Hughlett, for the recovery of §800, with interest unpaid thereon, due upon their joint single bill to Ann O. Worrell, dated the 28th of August, 1855, and which, after the death of the obligee, was assigned by her executor on the 23rd of April, 1867, to the plaintiff.
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Appeal from the Circuit Court for Talbot County. This suit was instituted on the 9th of May, 1870, by John O. Gallup, the appellant’s intestate, against Nathaniel Leonard and William R. Hughlett, for the recovery of §800, with interest unpaid thereon, due upon their joint single bill to Ann O. Worrell, dated the 28th of August, 1855, and which, after the death of the obligee, was assigned by her executor on the 23rd of April, 1867, to the plaintiff. The defendant, Leonard, suffered a judgment of nil dicit. The defendant Hughlett severed in his defence, and pleaded 1st, That he never promised;…
1Opinion of the CourtAlvey, J.
The declaration in this case is in assumpsit, but treating it as either in debt on the single bill, or in assumpsit founded on a promise by Leonard, made after the remedy on the single bill had become barred by the Statute of Limitations, in neither aspect could recovery be had against Hughlett, who has pleaded the Statute of Limita,tions as it applies to an action of debt on the single hill, together with the pleas of not indebted and never promised as alleged.
The single bill was made on the 28th day of August, 1855, and as no time was sj>ecified for its payment, it was payable on demand.…
2Cases cited2 opinions
- Ellicott v. NicholsCourt of Appeals of Maryland · 1848
- Young v. MackallCourt of Appeals of Maryland · 1853
3Cited by13 opinions
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- Wright v. GilbertCourt of Appeals of Maryland · 1879
- Frank v. WareheimCourt of Appeals of Maryland · 1939
- Toothaker v. City of BoulderSupreme Court of Colorado · 1889
- Kleis v. McGrathSupreme Court of Iowa · 1905
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