Richards v. Maryland Insurance Co.
Supreme Court of the United States
Error to the Circuit Court for the district of Maryland, in an action of :!,gS1 covenant, on a policy of insurance *under seal.
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Error to the Circuit Court for the district of Maryland, in an action of :!,gS1 covenant, on a policy of insurance *under seal. The defendants -1 pleaded the Maryland statute of limitation of twelve years (1715, ch. 23, § 6), which enacts, “ that no specialty whatsoever, shall be good and pleadable, or admitted in evidence against any person or persons of this province, after the principal debtor or creditor have been both dead twelve years, or the debt or thing in action above twelve years standing,” with a saving of five years in cases of infancy, &c. The replication to this plea stated, in…
1Opinion of the CourtJohnson, J.
The facts as made out in the pleadings are these : The cause of action accrued on the 1st May 1797 ; McKean was declared a bankrupt, and on the 19th March 1801, his estate was assigned to Thomas Allibone ; on the sixth’ of October 1806, the. assignee instituted a suit on this policy, and died on the 1st of August 1809. On the 11th of January 1810, the plaintiffs were *appointed assignees, in pursuance of the choice of the creditors regularly convened for that purpose, and brought the present action to the term next after the death of the assignee. *92]
The plea is the statute of limitations. To…
2Cases cited1 opinion
- Gracie v. The Mary'd. Ins. Comp'ySupreme Court of the United States · 1814
3Cited by26 opinions
- Bauserman v. BluntSupreme Court of the United States · 1893
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Life Ass'n of America v. GoodeTexas Supreme Court · 1888
- Sanford v. . SanfordNew York Court of Appeals · 1875
- Taylor v. ThornOhio Supreme Court · 1876
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