Becker v. Whitehill
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. The judgment of the Court below was, for the plaintiff for $162, with interest thereon from date until paid and costs, subject to the defendant’s discharge in insolvency.
1Opinion of the CourtRobinson, J.
In an action of assumpsit for goods bargained and sold, the appellee pleaded his discharge under the insolvent laws.
To this plea, the appellant filed a replication of nul tiel record. The issue upon the replication was one solely for the determination of the Court, and depended entirely upon the record of proceedings in insolvency. If the Court found upon an inspection of the record that the appellee had been discharged under the insolvent laws, the judgment should have been entered for the defendant, without any qualification. The discharge was a bar to the action. Being then an issue solely…
2Cases cited1 opinion
- State ex rel. Buckey v. CullerCourt of Appeals of Maryland · 1862
3Cited by1 opinion
- Primrose v. Kendricks & Roberts, Inc.Baltimore City Court · 1907