Ellicott v. Nichols
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of assumpsit, brought on the 16th January 1844, by the appellee against the appellants. The defendants pleaded non assumpsit and limitations, on which issues were joined.
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Appeal from Baltimore county court. This was an action of assumpsit, brought on the 16th January 1844, by the appellee against the appellants. The defendants pleaded non assumpsit and limitations, on which issues were joined. At the trial of this cause, the plaintiff offered in evidence the following promissory note: “Ellicotts Mills, 5 Mo. 29th, 1S38. Twelve months after date, we promise to pay to Henry Nichols, thirteen hundred dollars, at six per cent, interest, for value received. $1300. Jonathan Ellicott & Sons.” At the foot of which was written : “Baltimore, May 18, 1842, — Received…
1Opinion of the Court
Martin, J,
delivered the opinion of this court
In this case an action of assumpsit was instituted in Baltimore county court, by the appellee against the appellants, as *97partners, trading under the name of Jonathan Ellicott and Sons, for the recovery of a promissory note, given by the firm to the appellee, on the 29th of May 1838.
The appellant pleaded, non assumpsit, and the statute of limitations, and it appears from the record, that the plaintiff at the trial below, to relieve the case from the operation of the bar, created by the act of limitations, relied, mainly, upon the letter of Nathaniel…
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