Robinson v. Marshall
Court of Appeals of Maryland
Appeal from the Circuit, Court for Prince Georges county. Assumpsit brought by the appellant against the appellee, on the 12th of October 1855. The declaration contained the common counts, and the plea was non assumpsit.
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Appeal from the Circuit, Court for Prince Georges county. Assumpsit brought by the appellant against the appellee, on the 12th of October 1855. The declaration contained the common counts, and the plea was non assumpsit. The object of the suit was to recover the amount of a distributive share belonging to Mary G. Hatton, in certain real estate sold by the defendant as trustee, which was assigned to the plaintiff in November 1844, and which the defendant, in ■ 1853, promised to pay to the plaintiff. At the trial the defence was payment to the assignor, Mary G. Hatton, in March. ■ 1847, before…
1Opinion of the CourtEccleston, J.
In support of this action reliance is placed upon a promise of the defendant, stated in the evidence of Richard T. Robinson, a witness for the plaintiff. This witness says, that, at the request of the plaintiff, he called several times upon the defendant for the payment of the sum of money sued for in this cause; the first time in the year 1853, when the defendant told him to say to the plaintiff, that the claim was all right, he the plaintiff should not lose it, he the defendant would pay the money, and this statement was made by the defendant to witness on all subsequent interviews with…
2Cases cited1 opinion
- Kemp's Ex'x. v. M'PhersonCourt of Appeals of Maryland · 1826
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