Planters' Bank v. Bank of Alexandria
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action of assumpsit, brought by the appellee against the appellant on the 20th February 1836. The defendants pleaded non assumpsit and limitations in both forms; on which pleas issues were joined.
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Appeal from Prince George’s County Court. This was an action of assumpsit, brought by the appellee against the appellant on the 20th February 1836. The defendants pleaded non assumpsit and limitations in both forms; on which pleas issues were joined. At the trial of this cause the plaintiffs, to support the issues joined on their part, proved to the jury that, on the 4th March 1823, and on the 6th and 8th March 1828, the plaintiffs sent to the defendants for collection, the draft of William Fowle Co. on Richard Estep for $298.13, and of the same parties on Phil. Chew for $190.05, and the note…
1Opinion of the CourtDorsey, Judge
The court’s rejection of the defendant’s first prayer in the bill of exceptions, is attempted to be sustained on the ground that the time, when the plaintiff’s cause of action accrued, is a matter of law dependent on facts, and ought to be decided by the court, and not left to the determination of the jury. We do not think that the refusal of the prayer can be sustained on this ground. The prayer is not to be understood, as asking the court to leave to the jury, the decision of any question of law arising upon the facts proved, but simply, the finding of those facts, which in the absence of…
2Cited by4 opinions
- Killen v. George Washington Cemetery, Inc.Court of Appeals of Maryland · 1963
- Murphy v. WheatleyCourt of Appeals of Maryland · 1906
- Musgrave v. MorrisonCourt of Appeals of Maryland · 1880
- Taggart v. Western Maryland Rail RoadCourt of Appeals of Maryland · 1866