Legal Opinion

Cunkle v. Heald

District of Columbia Court of Appeals

Decided June 25, 1888No. 23,973PublishedCited by 1 opinion

Motion for a new trial, on exceptions to the finding of the Court on a trial without a jury. The history and facts are fully stated in the opinion.

1Opinion of the CourtJustice Cox

This was an action brought upon a promissory note for $900, and for money lent, amounting to $400 more, making in all $1,300. The declaration contains also the common counts.

The principal defense was the Statute of Limitations. But the plaintiff relies upon a new promise to avoid that defense. By mutual consent of the parties a .jury was waived and the testimony was submitted to the Court. After the testimony on behalf of the plaintiff was closed, the defendant’s counsel moved the Court to rule as a matter of' law that on this evidence the plaintiff could not recover on the ground that the…

2Cases cited15 opinions

  1. M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Kearney v. CaseSupreme Court of the United States · 1871
  3. Pearson v. DarringtonSupreme Court of Alabama · 1858
  4. Shepherd v. ThompsonSupreme Court of the United States · 1887
  5. Bloodgood v. . BruenNew York Court of Appeals · 1853

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3Cited by1 opinion

  1. Ernest M. Loeb Co. v. Avoyelles Drainage Dist. No. 8District Court, W.D. Louisiana · 1945

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