Cunkle v. Heald
District of Columbia Court of Appeals
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
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Kearney v. CaseSupreme Court of the United States · 1871
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Shepherd v. ThompsonSupreme Court of the United States · 1887
- Bloodgood v. . BruenNew York Court of Appeals · 1853
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3Cited by1 opinion
- Ernest M. Loeb Co. v. Avoyelles Drainage Dist. No. 8District Court, W.D. Louisiana · 1945