Barton v. Barton
Court of Appeals of Maryland
Appeal from the Circuit Court for Talbot County. This was an action of assumpsit, brought originally in the Circuit Court for Caroline county, by the appellee, for the recovery of a sum of money loaned by her to her husband, the testator of the appellants. Upon the suggestion of the defendants, the record was transmitted to the Circuit Court for Talbot county.
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Appeal from the Circuit Court for Talbot County. This was an action of assumpsit, brought originally in the Circuit Court for Caroline county, by the appellee, for the recovery of a sum of money loaned by her to her husband, the testator of the appellants. Upon the suggestion of the defendants, the record was transmitted to the Circuit Court for Talbot county. The declaration was for the ordinary money counts, to which non-assumpsit .and the two following special pleas were pleaded, to wit: “ That at the time when the said supposed indebtedness in the said declaration mentioned, accrued, the…
1Opinion of the CourtGrason, J.
The question presented by this appeal for our determination is, whether an action at law can be maintained by the widow of a deceased party, against his executors, for the recovery of money loaned by her to her husband before marriage, and for the value of securities belonging to her, of her sole and separate estate, and loaned to the husband during the marriage, upon his express promise to re-pay her. There is no controversy in regard to the facts of the case, and the only defence to the suit which was attempted to be made, was one of law, raised by the three rejected prayers of the…
2Cited by15 opinions
- Lusby v. LusbyCourt of Appeals of Maryland · 1978
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Tunno v. RobertSupreme Court of Florida · 1878
- Fishburn v. LondershausenOregon Supreme Court · 1907
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