Bennington v. Dinsmore
Court of Appeals of Maryland
Appeal from Harford County Court. This was an action of debt, brought on the 8th February 1839, by Jane Dinsmore and Thomas H. Gillispie, administrators of Samuel Dinsmore, late of Harford county, deceased, against Jeremiah Bennington, in a plea that he render unto them the sum of $66.42, which he unjustly detains from them, &c.
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Appeal from Harford County Court. This was an action of debt, brought on the 8th February 1839, by Jane Dinsmore and Thomas H. Gillispie, administrators of Samuel Dinsmore, late of Harford county, deceased, against Jeremiah Bennington, in a plea that he render unto them the sum of $66.42, which he unjustly detains from them, &c. Another writ, like the first, was sued out same term, and both were returnable to the 3d Monday of May 1839. These writs were returned “non est ” and were then ordered to be consolidated, and another writ for both the debts mentioned in the first writs, was sued out…
1Opinion of the CourtMagruber, J.
This cause was submitted to Harford county court, upon a case stated. By this it appears, that Samuel Dinsmore, the intestate, died in 1826, and that the plaintiff in error, with another, on the 29th July 1827, executed two several instruments of writing, and thereby promised to pay “to the heirs, administrators or assigns,” of the estate of Samuel Dinsmore, deceased, the sums of money expressed in them. Upon those instruments, suits were brought, first, in the name of Jane Dinsmore and Thomas II. Gillispie, administrators of Samuel Dinsmore, and upon a revocation of their letters, and the…
2Cited by2 opinions
- In re BartlesNew Jersey Court of Chancery · 1880
- Spear ex rel. Curtis v. Town of BraintreeSupreme Court of Vermont · 1875