Wilmer v. Gaither
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. At the instance of the defendants, the Court (Phelps, J.) instructed the jury, that upon the plea of limitations, their verdict must be for the defendants. The plaintiff appealed. The facts of the case are sufficiently stated in the opinion of this Court.
1Opinion of the CourtAlvey, C. J.
In the argument of this case several questions of interest were discussed quite fully, but in the view we have of the principal question involved, it will be unnecessary for us to notice all the questions presented.
The action was brought against husband and wife upon two promissory notes made jointly by husband and wife, in 1879. More than three years had elapsed from the time the notes fell due to the time of bringing the suit, and -the defendants severed in pleading, and each pleaded, with other pleas, the Statute of Limitations as a bar to the action. The plaintiff replied to the plea of…
2Cases cited5 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Ellicott v. NicholsCourt of Appeals of Maryland · 1848
- Mitchell v. SellmanCourt of Appeals of Maryland · 1853
- Schindel v. GatesCourt of Appeals of Maryland · 1877
- Newman v. McComasCourt of Appeals of Maryland · 1875
3Cited by6 opinions
- Brown v. HebbCourt of Appeals of Maryland · 1934
- Stubblefield v. McAuliffWashington Supreme Court · 1898
- Drury v. State Capital Bank of Eastern Shore Trust Co.Court of Appeals of Maryland · 1932
- Taylor v. Commissioners of PerryvilleCourt of Appeals of Maryland · 1918
- Babylon v. DutteraCourt of Appeals of Maryland · 1899
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