General Petroleum Corp. v. Seaboard Terminals Corp.

CHESNUT, District Judge.

The question now presented arises on the plaintiff’s demurrer tó the defendant’s first, second, ninth and tenth pleas. The plaintiff, a California corporation, is suing the defendant, a Maryland corporation, on the latter’s written guaranty dated September 3, 1926, and therefore now more than three years but less than twelve years old. The question presented is whether the applicable Maryland statute of limitations is that of three years for a simple contract, or twelve years for a contract under seal sometimes called a “specialty,” Maryland Code, art. 57, §§ 1 and 3.

Th…