Scott v. Leary
Court of Appeals of Maryland
Appeal from the Baltimore City'Court. This is an action of assumpsit brought by the appellant against the appellee. The declaration professed to contain the common money counts, and a count for money found to be due from the defendant to the plaintiff, upon an account stated between them, but there was an omission of the words “ and for” directed by the Code, (Art. 75, sec. 22,) to be prefixed to each successive count or statement of a cause of action, after the first.
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Appeal from the Baltimore City'Court. This is an action of assumpsit brought by the appellant against the appellee. The declaration professed to contain the common money counts, and a count for money found to be due from the defendant to the plaintiff, upon an account stated between them, but there was an omission of the words “ and for” directed by the Code, (Art. 75, sec. 22,) to be prefixed to each successive count or statement of a cause of action, after the first. A further statement of the case will be found in the opinion of the Court.
1Opinion of the CourtMiller, J.
This suit as shown by the bill of particulars was instituted to recover an excess of 4 per cent, over and above the legal rate of 6 per cent, interest paid by the plaintiff to the defendant on a loan of $7,500, from the 11th of May, 1866, to the 5th of February, 1868, and a like excess on another loan of $4,500, from the 5th of February, 1868, to the 11th of November, 1869-. The whole amount claimed is $634, and it is assumed as must be admitted by the pleadings or established by the proof, that the principal sums with legal interest thereon as well as the excessive interest have been paid to…
2Cases cited12 opinions
- Grinder v. NelsonCourt of Appeals of Maryland · 1850
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- Banks v. McClellanCourt of Appeals of Maryland · 1866
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