Laubheimer v. Naill
Court of Appeals of Maryland
Appeal from the Court of Common Pleas (Harlan, C. J.). The defendant’s first and second prayers which were refused were as follows: 1. The defendant prays the Court to instruct the jury that the defendant is entitled to have deducted from the plaintiff’s claim such sum of money as the jury find the defendant has paid the plaintiff on account of said claim, and the plaintiff is only entitled to recover the balance, if any, unpaid, notwithstanding the fact that the jury may…
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Appeal from the Court of Common Pleas (Harlan, C. J.). The defendant’s first and second prayers which were refused were as follows: 1. The defendant prays the Court to instruct the jury that the defendant is entitled to have deducted from the plaintiff’s claim such sum of money as the jury find the defendant has paid the plaintiff on account of said claim, and the plaintiff is only entitled to recover the balance, if any, unpaid, notwithstanding the fact that the jury may find that the defendant, on April T7th, 1896, wrote upon the note offered in evidence the words “ renewed for one year…
1Opinion of the CourtPearce, J.
This suit was instituted by the appellee in the Court of Common Pleas of Baltimore City, and the narr. was filed under secs. 167 and 168 of Art. 4, of the Local Code of Baltimore City (known as the Rule Day Act), as amended by ch. 173 of 1894. The narr. contained the common counts and a count upon a promissory note for $200, which note was filed, and annexed thereto was an affidavit of the plaintiff that there was “ justly due and owing by the defendant to the plaintiff, on the annexed promissory note (the cause of action in said cause) the sum of $200 with interest from January 20th, 1893,…
2Cases cited5 opinions
- Hutton v. MarxCourt of Appeals of Maryland · 1888
- McSherry v. BrooksCourt of Appeals of Maryland · 1877
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- Traber v. TraberCourt of Appeals of Maryland · 1878
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- Sullivan v. SmithCourt of Appeals of Maryland · 1914
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- Picking v. Local Loan Co.Court of Appeals of Maryland · 1945
- Councilman v. Towson National BankCourt of Appeals of Maryland · 1906
- Smith v. Woman's Medical CollegeCourt of Appeals of Maryland · 1909
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