Legal Opinion

Geiser ex rel. Knaval v. Kershner

Court of Appeals of Maryland

Decided June 15, 1832PublishedCited by 9 opinions

Appeal from Washington County Court. This was an action of Debt, instituted by the appellant against the appellee, on the 26th of April, 1827, on the following single bill.

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Appeal from Washington County Court. This was an action of Debt, instituted by the appellant against the appellee, on the 26th of April, 1827, on the following single bill. “ Four years after date, we, or either of us promise to pay or cause to be paid unto Martin Geiser, or order, the just and full sum of one hundred dollars current money, for value, received, as witness our hands and seals, the 26th day of May, 1817. Samuel Kershner, (Seal.) Michael Householder, (Seal.)” May 2, 1818, I assign all my right in this note to John Knaval, for value received. Marlin Geiser, (Seal.) The defendant…

1Opinion of the CourtMartin, J.

The record in this case has been amended by consent. Replications are considered to have been filed to the pleas, and issues made up for the jury.

This case is within a very narrow compass, the act of 1825 confining the appellate court to the points decided by the court below.

To an action of debt on a single bill for $100, dated the 26th of May, 1817, the defendant relied on two pleas—■ payment to the assignee of the bill; and accord and satisfaction.

To sustain the second plea, evidence was offered to the jury, that the defendant, on the 3d of April, 1824, gave to Benjamin Ferrel, the agent of…

2Cited by9 opinions

  1. Guinness Plc Guinness America, Incorporated v. Thomas Joseph Ward, (Two Cases)Court of Appeals for the Fourth Circuit · 1992
  2. Maddux v. BevanCourt of Appeals of Maryland · 1874
  3. Chicora Fertilizer Co. v. DunanCourt of Appeals of Maryland · 1900
  4. Ingersoll v. MartinCourt of Appeals of Maryland · 1882
  5. Washington Booth v. CampbellCourt of Appeals of Maryland · 1860

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