Gemmell v. Davis
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. The plea of set-off filed hy the defendant, (now appellant) is as follows: “3rd. For defence on equitable grounds, that the plaintiffs are indebted to the defendant in an amount greater than the said plaintiffs’ claim, for money payable hy the plaintiffs to the defendant, for money had and received hy the plaintiffs for the use of the defendant.
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Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. The plea of set-off filed hy the defendant, (now appellant) is as follows: “3rd. For defence on equitable grounds, that the plaintiffs are indebted to the defendant in an amount greater than the said plaintiffs’ claim, for money payable hy the plaintiffs to the defendant, for money had and received hy the plaintiffs for the use of the defendant. Which amount the said defendant is willing to set-off against the plaintiffs’ claim.” And the affidavit made on behalf of the defendant, to this and the two other…
1Opinion of the CourtAlvey, C. J.
This action was brought to recover the amount of two promissory notes made hy the defendant to the plaintiffs, dated respectively the 14th of December, 1881, and the 14th of February, 1882, — the first payable at sixty days, and the second at three months. The action was insti*461tuted on the 10th of March, 1888, and the summons was made returnable on the 12th of the same month, that being the next regular return day after the issue of the writ. The defendant was duly served, and he appeared to the action on the return day.
The proceeding was taken under the provisions of the recent Practice Act…
2Cases cited2 opinions
- Adler v. CrookCourt of Appeals of Maryland · 1888
- Knickerbocker Life Insurance v. HoeskeCourt of Appeals of Maryland · 1870
3Cited by15 opinions
- Nardo v. FavazzaCourt of Appeals of Maryland · 1955
- Coulbourn Bros. v. BoultonCourt of Appeals of Maryland · 1905
- Boggs v. Inter-American Mining & Smelting Co.Court of Appeals of Maryland · 1907
- Commercial Credit Corp. v. SchuckCourt of Appeals of Maryland · 1926
- Mueller v. MichaelsCourt of Appeals of Maryland · 1905
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