Marshall v. McPherson
Court of Appeals of Maryland
Appeal from Charles county court. On the 28th January, 1833, William Marshall commenced an action of assumpsit against Thomas T. McPherson, and declared for $500, and 10,0001bs of tobacco, due for the use and occupation of a certain plantation of the plaintiff, &c.; for sundry matters properly chargeable in accounts; for money and tobacco had and received' by the defendant for the plaintiff’s use, and also upon an insimul compatasset, in which the defendant became indebted…
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Appeal from Charles county court. On the 28th January, 1833, William Marshall commenced an action of assumpsit against Thomas T. McPherson, and declared for $500, and 10,0001bs of tobacco, due for the use and occupation of a certain plantation of the plaintiff, &c.; for sundry matters properly chargeable in accounts; for money and tobacco had and received' by the defendant for the plaintiff’s use, and also upon an insimul compatasset, in which the defendant became indebted for money and tobacco. The account filed with the nar was for money and tobacco rent, including interest upon the…
1Opinion of the CourtBuchahan, C. J.
The counts in the declaration are for money and tobacco, for the use and occupation of a plantation; for money and tobacco, for sundry matters and things properly chargeable in accounts; for money and tobacco had and received, and on an insimul compatassent. The pleas are non assumpsit, non assumpsit within three years, See. and actio non accrevit infra tres annos, §'c. And the evidence at the trial was, that at the instance of the plaintiff, the witness called on the defendant during harvest, in the month of July, 1830, to settle their accounts; that the defendant said, he had rented out two…
2Cited by1 opinion
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