Legal Opinion

Ellicott v. Nichols

Court of Appeals of Maryland

Decided December 15, 1848PublishedCited by 21 opinions

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…

2Cases cited2 opinions

  1. Bell v. MorrisonSupreme Court of the United States · 1828
  2. Duvall v. PeachCourt of Appeals of Maryland · 1843

3Cited by21 opinions

  1. Gefre v. Davis Wright Tremaine, LLPAlaska Supreme Court · 2013
  2. Stockett v. SasscerCourt of Appeals of Maryland · 1855
  3. Leonard v. HughlettCourt of Appeals of Maryland · 1875
  4. Doughty v. BayneCourt of Appeals of Maryland · 1960
  5. Wyeth v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1939

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