Boyer v. Turner's Adm'r
Court of Appeals of Maryland
Appeal from Kent County Court. This wag an action of debt by the assignee against the assignor of a hill obligatory. The defendant, (the appellant,) pleaded nil debe.t.
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Appeal from Kent County Court. This wag an action of debt by the assignee against the assignor of a hill obligatory. The defendant, (the appellant,) pleaded nil debe.t. I , 1. At the trial the plaintiff, (the apppllee,) offered in evidence a single hi!! executed by Joseph Calder, an the 32th of September 1803, whereby he promised to pay to Samuel Boyer, (the defendant,) hi? executors, &c. §100. He then offered in evidence the oath and assignment endorsed on the gaid bill, in the following words, (having first proved the due execution of the assignment:) Maryland, Kent county. On the 26th of…
1Opinion of the CourtNicholson, J.
The court are of .opinion, that the affidavit on (he bill obligatory in this case is sufficient to warrant the assignment under the act of 1763, ch. 23, s. 10.
To enable the assignee to maintain an action against the assignor, it is incumbent upon the assignee to prove that *287the obligor was unable to pay the debt, or that he could Pot be found in the place or county of his usual abode, or that some oilier thing or casualty did happen, whereby the assignee was not able to receive or recover Isis debt from the obligor, he, the assignee, having used due diligence therefor. What shall ¡amount to…
2Cited by3 opinions
- Dixon v. DixonHigh Court of Chancery of Maryland · 1848
- Ewalt v. HardingCourt of Appeals of Maryland · 1860
- Dorsey v. CampbellHigh Court of Chancery of Maryland · 1825