Beltzhoover v. Yewell
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of assumpsit brought on the 29th April 1837, by the appellant against the appellee. The declaration counted for work and labor, care and diligence, and divers materials — use and occupation of certain stables and buildings of the plaintiff; matters properly chargeable in account — goods sold, money counts, and upon an insimul computasset.
Read the full summary
Appeal from Baltimore County Court. This was an action of assumpsit brought on the 29th April 1837, by the appellant against the appellee. The declaration counted for work and labor, care and diligence, and divers materials — use and occupation of certain stables and buildings of the plaintiff; matters properly chargeable in account — goods sold, money counts, and upon an insimul computasset. The defendant pleaded the general issue and limitations, non-assumpsit in fra, Sfc., and actio non — on which issues were joined, &c. At the trial of the cause, the plaintiff to support the issue on his…
1Opinion of the CourtDorsey, J.
A receipt on account for a sum of money paid, does not per se mean, that the payment was made in part satisfation of an account current, much less does it mean, that the payment was made in part satisfaction of an open account kept by the creditor against the debtor. It means nothing more, than that it is a payment on account of some debt due from the payer, to him receiving. What that debt is, is a matter of fact to be found by the jury, after the testimony in the cause in which the question arises, has been submitted to their consideration.
It is not an inference of law, or a matter of fact,…
2Cited by5 opinions
- Himelfarb v. American Express Co.Court of Appeals of Maryland · 1984
- Stockett v. SasscerCourt of Appeals of Maryland · 1855
- Knight v. KnightCourt of Appeals of Maryland · 1928
- Sprogle v. AllenCourt of Appeals of Maryland · 1873
- Ryan v. Canton National BankCourt of Appeals of Maryland · 1906