Legal Opinion

Shipley v. Shilling

Court of Appeals of Maryland

Decided February 11, 1887PublishedCited by 16 opinions

Appeal from the Circuit Court for Carroll County. The Ccase is stated in the opinion of the Court. The plaintiff, to maintain the issues joined on his part, further proved by John T. Benson, that in September, 1884, the plaintiff drove Elias Brothers, defendants’ testator, •down to see witness at his home; that witness was owing Brothers a small note which Brothers wanted renewed; that a new note was written by witness’ wife and signed by witness; that plaintiff was about to…

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Appeal from the Circuit Court for Carroll County. The Ccase is stated in the opinion of the Court. The plaintiff, to maintain the issues joined on his part, further proved by John T. Benson, that in September, 1884, the plaintiff drove Elias Brothers, defendants’ testator, •down to see witness at his home; that witness was owing Brothers a small note which Brothers wanted renewed; that a new note was written by witness’ wife and signed by witness; that plaintiff was about to attest the signature of witness to the note by signing his name under witness’ signature, and Brothers seeing what…

1Opinion of the CourtAlvey, C. J.

This was an action of assumpsit brought by the appellee against the appellants as executors of Elias Brothers, de*562ceased. The claim sued on was for wort and labor performed, articles furnished, and money paid, for the appellants’ testator in his life-time. And among other defences made .to the action, the Statute of Limitations was pleaded;, and it is under that plea that the questions arise that are presented on this appeal.

At the trial in the Court below, the appellee offered evidence in support of his claim sued for, and also evidence of certain statements or acknowledgments of the…

2Cases cited4 opinions

  1. Coates v. SangstonCourt of Appeals of Maryland · 1853
  2. Guy v. TamsCourt of Appeals of Maryland · 1847
  3. Quynn v. CarrollCourt of Appeals of Maryland · 1856
  4. Turner v. EllicottCourt of Appeals of Maryland · 1856

3Cited by16 opinions

  1. O'HARA v. KovensCourt of Appeals of Maryland · 1986
  2. W., B. A. Elec. R.R. Co. v. MossCourt of Appeals of Maryland · 1917
  3. Hemsley v. HollingsworthCourt of Appeals of Maryland · 1913
  4. Weil v. LambertCourt of Appeals of Maryland · 1944
  5. Duckworth v. DuckworthCourt of Appeals of Maryland · 1903

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