Lamar v. Manro
Court of Appeals of Maryland
Appeal from Frederick county court. This was an action of assumpsit, commenced on the 16th October, 1835, by the appellee against the appellant. The-declaration contains five counts. 1st count.
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Appeal from Frederick county court. This was an action of assumpsit, commenced on the 16th October, 1835, by the appellee against the appellant. The-declaration contains five counts. 1st count. That on the- 29th April, 1816, the said Lamar-, by his bill obligatory-bearing date, &c. ten months after date promised and obliged himself to pay to a certain Benoni S. Lamar the- sum of $350, and after several specific payments in part satisfaction of said bill, and on the 1st January, 1822, the said B. S.. Lamar, by a written order on said bill endorsed, and by him subscribed, ordered and directed…
1Opinion of the CourtArcher, Judge
The plaintiff relying for recovery upon a promise, as he alleged, to pay the balance due upon a single bill, offered in evidence to sustain his action, and to furnish a proper foundation for the promise, a single bill, which bears date upwards of twelve years before the institution of the suit; and the admissibility of the single bill in evidence, is resisted, upon the ground that the act of limitations of 1715, ch. 23, sec. 6, declares that no bill, bond, &c. shall after twelve years be pleadable or admitted in evidence, except, &c.
The object of the legislature in the enactment of this…
2Cited by7 opinions
- Willard v. WoodSupreme Court of the United States · 1896
- Wright v. GilbertCourt of Appeals of Maryland · 1879
- Young v. MackallHigh Court of Chancery of Maryland · 1850
- Mann v. CooperDistrict of Columbia Court of Appeals · 1894
- Felty v. YoungCourt of Appeals of Maryland · 1862
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