Franklin v. Waters
Court of Appeals of Maryland
Appeal from Baltimore county court, This was an action of assumpsit, instituted, on the 2nd of September, 1846, by the appellant, a negro, against the appellee, to recover the value of his services during the time he was held in service by the appellee’s testator, from the 1st of January, 1845, until 1st of May, 1846. The declaration contains the general indebitatus assumpsit and money counts, also a count upon an account stated.
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Appeal from Baltimore county court, This was an action of assumpsit, instituted, on the 2nd of September, 1846, by the appellant, a negro, against the appellee, to recover the value of his services during the time he was held in service by the appellee’s testator, from the 1st of January, 1845, until 1st of May, 1846. The declaration contains the general indebitatus assumpsit and money counts, also a count upon an account stated. The defendant pleaded, 1st, non assumpsit, 2nd, non assumpsit infra tres annos, and 3rd, actio non accrevit infra tres annos. The plaintiff took issue upon the first…
1Opinion of the CourtChambers, J.
The counsel for the appellant, aware of the unfavorable impression which has been generally entertained by the profession in Maryland, in regard to the right of recovery in such a case as this, have combatted its propriety with a zeal and ability which nothing but truth could resist.
It is a mistake, however, to suppose this professional opinion the result only of some vague conception, formed without foundation.
The early case of Queen and Ashton, 3 H. & McH., 439, has doubtless been the origin of such an opinion.
That case was argued by distinguished counsel in the late general court, where…
2Cases cited3 opinions
- Peter v. SteelSupreme Court of Pennsylvania · 1801
- Stockett v. Watkins' Admr'sCourt of Appeals of Maryland · 1830
- Smith v. GilmorCourt of Appeals of Maryland · 1816
3Cited by6 opinions
- Pennwalt Corp. v. NasiosCourt of Appeals of Maryland · 1988
- Geisz v. Greater Baltimore Medical CenterCourt of Appeals of Maryland · 1988
- Wear v. SkinnerCourt of Appeals of Maryland · 1877
- Townshend v. TownshendCourt of Appeals of Maryland · 1853
- State ex rel. Clements v. Van LearCourt of Appeals of Maryland · 1853
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