Gamble v. Sentman
Court of Appeals of Maryland
Appeal and Writ oe Error from the Circuit Court for Cecil County. The defendant in error sued the plaintiffs in error on the 14th of September, 1886, in an action of assumpsit. The declaration counted first upon a promisory note for $300, dated the 22nd of February, 1886, payable in six months with interest from date, and to this count were added the common counts for money had and received, for goods sold and delivered, and for money found due on an account stated.
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Appeal and Writ oe Error from the Circuit Court for Cecil County. The defendant in error sued the plaintiffs in error on the 14th of September, 1886, in an action of assumpsit. The declaration counted first upon a promisory note for $300, dated the 22nd of February, 1886, payable in six months with interest from date, and to this count were added the common counts for money had and received, for goods sold and delivered, and for money found due on an account stated. The defendants pleaded, 1st, never indebted as alleged ; 2nd never promised as alleged, and 3rd, the following special plea:…
1Opinion of the CourtMiller, J.
The motion to dismiss the writ of error in this case is overruled. The judgment was rendered on the 1st of April, 1887. The petition for the writ was filed in due time, on the 11th of April, and the order of Court allowing it, was passed on the 30th of June following. The transcript of the record reached this Court on the 5th of September, within three months from the date of the order allowing the writ, and under Rule 2, relating to appeals as amended by rule 27, the time for transmission runs from the date of that order.
The third plea is in the form set out in 1 Toe’s PI. <&P., sec. 611,…
2Cited by8 opinions
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- Palatine Insurance v. O'BrienCourt of Appeals of Maryland · 1908
- Pantazes v. PantazesCourt of Special Appeals of Maryland · 1989
- Hodgson v. PhippinCourt of Appeals of Maryland · 1930
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