Crawford v. Berry
Court of Appeals of Maryland
Appeal from Prince Georges county court. This was an action of Assumpsit, brought by the appellee against the appellant, to recover the price of certain cattle sold and dlivered by the plaintiff to the defendant, and on account of which, the defendant on the 12th July, 1827, assigned to the plaintiff the single bill of a certain John A. Magruder for $ 175, dated January 12th, 1825, payable six months after date.
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Appeal from Prince Georges county court. This was an action of Assumpsit, brought by the appellee against the appellant, to recover the price of certain cattle sold and dlivered by the plaintiff to the defendant, and on account of which, the defendant on the 12th July, 1827, assigned to the plaintiff the single bill of a certain John A. Magruder for $ 175, dated January 12th, 1825, payable six months after date. The declaration contained three counts. 1st, a special count on the assignment. 2nd, an indebitatus assumpsit for the price of the cattle; and 3d, a quantum valebat. Issue was joined…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
The first exception has been abandoned in argument by the counsel for the appellant, and properly abandoned.
The suit is by the assignee of a single bill against the assignor, the obligee, on the failure to pay by the obligor t, and on the question of due diligence by the assignee in pursuing the obligor, the admissibility of parol evidence of the notorious insolvency of the obligor cannot be questioned. Not that it might not be proved by other evidence, such as the discharge of the obligor under the insolvent law, or the return of “nulla…
2Cited by7 opinions
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- Regester v. RegesterCourt of Appeals of Maryland · 1906
- Berry v. GriffinCourt of Appeals of Maryland · 1856
- Gaither v. MartinCourt of Appeals of Maryland · 1852
- Franklin Fire Insurance v. HamillCourt of Appeals of Maryland · 1847
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