Clements v. Smith
Court of Appeals of Maryland
Appeal from Charles county court. This was an action of debt brought by the appellant against the appellees, administrators of Francis H. Smith, upon the following single bill: “Six months after date, for value received, we, or either of us, promise and oblige ourselves, our, and each of our heirs, executors and administrators, to pay to Josias Clements or order, the sum of three hundred dollars.-—Witness my hand and seal, this 25th day of August, 1845.—The erasures first…
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Appeal from Charles county court. This was an action of debt brought by the appellant against the appellees, administrators of Francis H. Smith, upon the following single bill: “Six months after date, for value received, we, or either of us, promise and oblige ourselves, our, and each of our heirs, executors and administrators, to pay to Josias Clements or order, the sum of three hundred dollars.-—Witness my hand and seal, this 25th day of August, 1845.—The erasures first made. Ms Francis m Smith, mark. E. N. Stonestreet.” “Test.—Wm. Matthews The defendants pleaded:—1st. Payment by the…
1Opinion of the CourtSpence, J.
In this case the court correctly rejected the plaintiff’s first prayer. The defendants’ right to rescind the contract, did not depend upon the fact that he returned, or offered to return the negro, within a reasonable time after the sale; but whether he did so, within a reasonable time, after he discovered the alleged fraud.
The court erred in rejecting the plaintiff’s evidence in the second exception. The defendants had offered evidence to prove, that tire negro man was sound before the sale, and without limitation of time, as to how long before the sale; and Carter’s testimony was admissible…
2Cited by9 opinions
- Latrobe v. DietrichCourt of Appeals of Maryland · 1910
- Wolin v. Zenith Homes, Inc.Court of Appeals of Maryland · 1981
- Groff v. HanselCourt of Appeals of Maryland · 1870
- Emory v. Owings ex rel. GreenCourt of Appeals of Maryland · 1852
- Franklin v. ClaflinCourt of Appeals of Maryland · 1878
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