Berry v. Griffin
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince Georges county. Assumpsit brought by the appellees against the appellant upon an open account, commencing the 8th of May 1845, and ending the 10th of October 1846. Pleas non assumpsit and limitations. Exception. The plaintiffs proved the sale and delivery of the goods specified in the account.
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Appeal from the Circuit Court for Prince Georges county. Assumpsit brought by the appellees against the appellant upon an open account, commencing the 8th of May 1845, and ending the 10th of October 1846. Pleas non assumpsit and limitations. Exception. The plaintiffs proved the sale and delivery of the goods specified in the account. The defendant proved, that on the 8th of May 1845, he passed to the plaintiffs his own note for $266.48, the amount of the bill of goods that day made, and certain collaterals amounting to $102.68. The plaintiffs then, to show that this note and collaterals had…
1Opinion of the CourtEccleston, J.
This appeal has been taken for the purpose of reversing the judgment below, upon the ground that the court erred in refusing to give the following instruction at the instance of the defendant: “That if the jury find from the evidence in this cause, that the plaintiffs accepted or received the note of said James B. Brooks in settlement for or in payment, of said account sued on, that then the said defendant, is entitled to a credit for the amount thereof, although the drawer and first endorser were applicants for the benefit of the insolvent laws, the first on the ninth day of November 1847,…
2Cases cited2 opinions
- Glenn v. SmithCourt of Appeals of Maryland · 1830
- Crawford v. BerryCourt of Appeals of Maryland · 1834
3Cited by11 opinions
- Boyden v. Fitchburg RailroadSupreme Court of Vermont · 1899
- Feamster v. WithrowWest Virginia Supreme Court · 1878
- First Nat. Bank v. NewtonSupreme Court of Colorado · 1887
- Meek v. ParkerSupreme Court of Arkansas · 1897
- Haines v. PearceCourt of Appeals of Maryland · 1874
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