Kent's Adm'rs v. Lyles
Court of Appeals of Maryland
Appeal from Calvert County court. Assumpsit by the appellee against the appellants, instituted March 24th 1828. Pleas non assumpsit, and limitations.
Read the full summary
Appeal from Calvert County court. Assumpsit by the appellee against the appellants, instituted March 24th 1828. Pleas non assumpsit, and limitations. At the trial the plaintiff proved, that some time in the year 1821 or 1822, the witness was keeping store in Lower Marlborough, and that upon one occasion the plaintiff, and Daniel Kent, (the intestate of defendant) met at his store, when Kent, told the plaintiff he had his acceptance for the -work done by John H. Breeze for him. This the plaintiff denied, and Kent then left the store, and afterwards returned, bringing with him a paper writing,…
1Opinion of the Court
Archer Judge,
delivered the opinion of the court.
Treating the prayer upon which the instruction of the court was given, as one intended to elicit from the court an opinion, *77that if the jury found the note was actually given, there was no consideration for the agreement, as it is probable may have been the intention in presenting the prayer, we shall proceed to the examination of that question.
It has been urged that the defendant had already the acceptance of the plaintiff!, and that the talcing from the plaintiff a note, for the acceptance, which was of no higher dignity than the acceptance,…
2Cases cited1 opinion
- Fisher v. State ex rel. JohnsonGeneral Court of Virginia · 1803
3Cited by2 opinions
- Ecker v. First National BankCourt of Appeals of Maryland · 1885
- Havre De Grace Banking & Trust Co. v. MitchellCourt of Appeals of Maryland · 1938