Stewart v. Garrett
Court of Appeals of Maryland
Appeal from the Circuit Court for Montgomery County. The case is stated in the opinion of the Court. The plaintiff excepted to the ruling of the Court upon the instructions ashed. The jury found for the defendants for the sum of $26.66. The defendants entered a remittitur for the amount so found hy the jury in their favor. The Court (Lynch and Yinson, J.) subsequently ordered that the plaintiff pay the costs of the suit. The plaintiff appealed..
1Opinion of the CourtRobinson, J.
The suit in this case was brought on two promissory notes, to which the defendants pleaded payment and set-off. The set-off filed with the -plea, is an open account, all the items of which are of more than three years stand*393ing. To remove tbe bar of the Statute of Limitations relied on by the plaintiff in her replication, the defendants proved by the witness Stone, that in a conversation with the plaintiff at her house, within three years before the filing of the set-off, she showed him the notes sued on; and on being asked by witness why she did not sue the defendants, she replied, “that she…
2Cases cited2 opinions
- Oliver v. GrayCourt of Appeals of Maryland · 1827
- Guy v. TamsCourt of Appeals of Maryland · 1847
3Cited by8 opinions
- Diamond v. T. Rowe Price Associates, Inc.District Court, D. Maryland · 1994
- Doran v. DoranSupreme Court of Iowa · 1909
- Weir v. BauerUtah Supreme Court · 1930
- Weil v. LambertCourt of Appeals of Maryland · 1944
- Gill v. DonovanCourt of Appeals of Maryland · 1903
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