Frey v. Kirk
Court of Appeals of Maryland
Appeal from Baltimore County Court. Assumpsit, by the appellee against the appellant, commenced on the 22d of March, 1828, on a promissory note dated 20th August, 1816, for $213, of which the appellant was the drawer, payable to the appellee ninety days after the date thereof, at the Bank of Chester county, Pennsylvania. • The defendant pleaded, 1st. Non assumpsit. 2d. Non assumpsit infra tres annos. 3d. Actio non—and 4th.
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Appeal from Baltimore County Court. Assumpsit, by the appellee against the appellant, commenced on the 22d of March, 1828, on a promissory note dated 20th August, 1816, for $213, of which the appellant was the drawer, payable to the appellee ninety days after the date thereof, at the Bank of Chester county, Pennsylvania. • The defendant pleaded, 1st. Non assumpsit. 2d. Non assumpsit infra tres annos. 3d. Actio non—and 4th. A discharge under the insolvent laws of Maryland, granted him in virtue of an act of Assembly, passed at December session, 1818, whereby the judges of Cecil County Court…
1Opinion of the CourtArcher, J.
The following questions are presented by the various hills of exception in the record.
1st. Is the defendant’s discharge under the insolvent laws of Maryland, a bar to the plaintiff’s recovery of an absolute judgment?
2nd. Is the defendant protected by the statute of limitations? and if so, is the acknowledgment such as would be *518sufficient to take the claim out of the operation of the statute?
In relation to the first question, the case presents the following facts. The contract was made between citizens of different States. The plaintiff resided in Pennsylvania, and the defendant in Maryland,…
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- Ireland v. ShipleyCourt of Appeals of Maryland · 1933
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- Dawson v. KingCourt of Appeals of Maryland · 1864
- Brown v. HebbCourt of Appeals of Maryland · 1934
- Mason, Chapin & Co. v. Union Mills Paper Manufacturing Co.Court of Appeals of Maryland · 1895
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