Edelin v. Sanders
Court of Appeals of Maryland
Appear from the Superior Court of Baltimore city. Debt, brought by the appellant, on the 30th of October 1849, upon an alleged bond of the appellee’s testator in favor of the plaintiff'for §2000, dated the 11th of December 1838 and payable on or before the 1st of July 1840, without interest until that time. The defendant, as executor, under leave of the court, pleaded non est factum without oath, upon which issue was joined. 1st Exception.
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Appear from the Superior Court of Baltimore city. Debt, brought by the appellant, on the 30th of October 1849, upon an alleged bond of the appellee’s testator in favor of the plaintiff'for §2000, dated the 11th of December 1838 and payable on or before the 1st of July 1840, without interest until that time. The defendant, as executor, under leave of the court, pleaded non est factum without oath, upon which issue was joined. 1st Exception. The plaintiff gave in evidence the bond sued on, (which appears in the record as perfect on its face, without any appearance of erasure,) and his…
1Opinion of the CourtLe Grand, C. J.
This was an action of debt, brought by the appellant, in Baltimore county court, against the appellee, as executor, upon an alleged bond of his testator for $2000, dated the 11th of December 1838, and payable on or before the 1st of July 1840. The suit was not brought until more than nine years after the bond became due and payable. On leave of court the defendant pleaded non estfactum without oath.
In this state of the pleadings the plaintiff proved by a witness that the cause of action, with the exception of tire date, name of the payee and the signature of the maker, was in his handwriting;…
2Cited by15 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- Buck v. BradyCourt of Appeals of Maryland · 1909
- Heil v. ZahnCourt of Appeals of Maryland · 1947
- Conowingo Land Co. v. McGawCourt of Appeals of Maryland · 1915
- Keedy v. MoatsCourt of Appeals of Maryland · 1890
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