Sprogle v. Allen
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. This was an action on open account, brought on the 12th of June, 1872 by the appellant against the appellee. The defendant on the 31st of October, 1872, pleaded : 1st. Never promised. 2nd. Payment. 3rd. Set-off. The plaintiff joined issue on the first and second pleas; and to the third replied, never promised, never was indebted, and limitations, and issue was joined thereon.
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Appeal from the Circuit Court for Anne Arundel County. This was an action on open account, brought on the 12th of June, 1872 by the appellant against the appellee. The defendant on the 31st of October, 1872, pleaded : 1st. Never promised. 2nd. Payment. 3rd. Set-off. The plaintiff joined issue on the first and second pleas; and to the third replied, never promised, never was indebted, and limitations, and issue was joined thereon. First Exception. — The case having been submitted to the Court for trial upon the issues joined, without the intervention of a jury, the plaintiff to maintain the…
1Opinion of the CourtBartol, C. J.
The material question in this case arises upon the rejection by the Court below, of the appellant’s prayer, which asked the Court to disallow all the items of account filed by the appellee under his plea of set off, except such as were within three years before the filing of the plea. It appears from the evidence, that there were mutual accounts current between the parties; that of the plaintiff began in January, 1866, and continued through 1867 and 1868, there being two items in October, 1869; that of the defendant began in December, 1867, and continued through 1868; and in 1869 there are…
2Cases cited6 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Oliver v. GrayCourt of Appeals of Maryland · 1827
- Beltzhoover v. YewellCourt of Appeals of Maryland · 1840
- Buffington v. DavisCourt of Appeals of Maryland · 1871
- Smith v. DawsonCourt of Appeals of Kentucky · 1850
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3Cited by6 opinions
- Hutton v. MarxCourt of Appeals of Maryland · 1888
- Maryland Telephone & Telegraph Co. v. Chas. Simons Sons Co.Court of Appeals of Maryland · 1906
- Hall v. BryanCourt of Appeals of Maryland · 1878
- Ross v. FicklingCourt of Appeals for the D.C. Circuit · 1897
- Durant v. MurdockDistrict of Columbia Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.