Nabb v. Koontz
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard count]7. Action, brought on the 9th of October 1857, by the appellee against the appellant.
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Appeal from the Circuit Court for Howard count]7. Action, brought on the 9th of October 1857, by the appellee against the appellant. The declaration, besides the common counts for goods sold, money lent, paid and received, has a special count charging that a certain Elizabeth D. Nabb, on the 11th of March 1857, by her promissory note, now over due, did, for a valuable consideration, promise to pay to’ the plaintiff, six'months after date, $175, and that, at the same time and for the same valuable consideration, and in order to obtain the said valuable consideration from the plaintiff for the…
1Opinion of the CourtTuck, J.
There is no question, on this appeal, arising from the supposed failure of consideration for Mrs. Nabb’snofe to Koontz. The court, by granting the first prayer of the defendant, submitted that inquiry to the jury, who found the issue against him.
The second and fourth prayers present, substantially, one ground of defence, to wit: whether there was such a consideration in writing for the defendant’s undertaking to pay his mother’s note, as gratifies the statute of frauds?
ft is well settled in England and in Maryland, and most of the States, though a different construction has been adopted in…
2Cases cited9 opinions
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Nelson v. DuboisNew York Supreme Court · 1816
- Young & Otis v. CovellNew York Supreme Court · 1811
- Klein v. CurrierIllinois Supreme Court · 1852
- Bailey v. FreemanNew York Supreme Court · 1814
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Union Tr. Co. of N.J. v. KnabeCourt of Appeals of Maryland · 1914
- Moses v. Lawrence County BankSupreme Court of the United States · 1893
- Winn v. SanfordMassachusetts Supreme Judicial Court · 1887
- Hutton v. PadgettCourt of Appeals of Maryland · 1867
- Continental Oil Co. v. HorseyCourt of Appeals of Maryland · 1939
8 more not listed; retrieve them via the Exa API.