Kunkel v. Spooner
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. Assumpsit by the appellee against the appellants, upon a promissory note, dated “Philadelphia, October 18th, 1847,” for $437.28, made by John B. Kunkel & Co., payable to E. Levick &• Co., or order, at six months, and endorsed by the payees and also by Comer, Willow and Gardner, and J. & J. P. Steiner.
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Appeal from the Circuit Court for Frederick County. Assumpsit by the appellee against the appellants, upon a promissory note, dated “Philadelphia, October 18th, 1847,” for $437.28, made by John B. Kunkel & Co., payable to E. Levick &• Co., or order, at six months, and endorsed by the payees and also by Comer, Willow and Gardner, and J. & J. P. Steiner. The declaration was filed and the summons issued on the 12th of May 1854, returnable on the 3rd Monday of October following, when it was returned summoned, and the defendants appeared by attorney, and were ruled, as the record states, to answer…
1Opinion of the CourtEccleston, J.
This is an action of assumpsit, instituted by the appellee against the appellants. The first count in the nar is upon a promissory note, and the second is insimul computasset.
The defendants put in three pleas: the first, non assumpsit; the second and third, limitations.
It appears from the record that the day on which the second and third pleas were filed, the plaintiff’s attorney moved the court to strike them out, which motion was resisted by the attorney for the defendants. The record then states: “Whereupon, all and singular the premises, being seen and heard, and *469by the court fully…
2Cases cited7 opinions
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Ellicott v. Martin, Love & Co.Court of Appeals of Maryland · 1854
- Fitzhugh v. McPhersonCourt of Appeals of Maryland · 1837
- Rigden v. MartinCourt of Appeals of Maryland · 1824
- Benson v. Davis's Adm'rCourt of Appeals of Maryland · 1824
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Griffin v. MooreCourt of Appeals of Maryland · 1875
- Pusey & Jones Co. v. HanssenCourt of Appeals for the Third Circuit · 1922
- Long v. CrawfordCourt of Appeals of Maryland · 1862