Creager v. Link
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick county. Assumpsit, by the appellee against the appellant, upon a promissory note. Pleas, “ non assumpsit ” and “accord and satisfaction.” 1st Exception. The plaintiff proved the execution of the note and there rested his case. The defendant then offered the testimony of Dennis Etzler, which is fully stated in the opinion of this court.
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Appeal from the Circuit Court for Frederick county. Assumpsit, by the appellee against the appellant, upon a promissory note. Pleas, “ non assumpsit ” and “accord and satisfaction.” 1st Exception. The plaintiff proved the execution of the note and there rested his case. The defendant then offered the testimony of Dennis Etzler, which is fully stated in the opinion of this court. The plaintiff then offered to prove by the same witness the facts also stated in the opinion of this court. To the admissibility of these offered facts the defendant objected, but the court (Nelson, J,,) overruled the…
1Opinion of the CourtLe Grand, C. J.
This is an action on-a promissory note, instituted against the appellant, who pleaded non-assumpsit, and accord and satisfaction.
There was no question as to the making-of the note; the whole defence rested on the’plea of accord and satisfaction. The facts which-it is important for us to notice may be stated thus: The appellant made his note in favor of the appellee, and failing to pay it at maturity, an action was instituted upon it, but before trial was had the parties made an arrangement, *265by which the suit was entered “off" and “satisfied," and the aote, by order of the court, passed to the…
2Cited by5 opinions
- Attrill v. PattersonCourt of Appeals of Maryland · 1882
- Maddux v. BevanCourt of Appeals of Maryland · 1874
- Sioux City Stock Yards Co. v. Sioux City Packing Co.Supreme Court of Iowa · 1900
- Acker v. Cecil National BankCourt of Appeals of Maryland · 1932
- Lee v. O'BrienCourt of Special Appeals of Maryland · 1974