Edelen v. Gough
Court of Appeals of Maryland
Appeal from St. Mary's County Court. This was an action of debt brought by the appellant against the appellee, on the 19th February, 1845, upon her single bill of $406 46. The defendant pleaded non est factum, upon which issue was joined. The jury found a verdict for the plaintiff. . 1st Exception.
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Appeal from St. Mary's County Court. This was an action of debt brought by the appellant against the appellee, on the 19th February, 1845, upon her single bill of $406 46. The defendant pleaded non est factum, upon which issue was joined. The jury found a verdict for the plaintiff. . 1st Exception. In the trial of this case, the plaintiff to support the issue on his part joined, offered to prove by a competent witness, John Gough, whose name is signed as witness to the cause of action, viz: “ On a settlement this day, of Henry A. Edelen's two notes, due B. Gough, (amounting to $ 1038 46), I…
1Opinion of the CourtDorsey', J.
By the plea of non est factum, the plaintiff is required to prove the signing, sealing, and delivery of the instrument to which the plea is interposed. These three facts constitute the affirmative of the issue, and are to be proved by the. plaintiff to entitle him to a recovery. Whether the person appearing to be the attesting witness, did subscribe his name to the instrument, in the case before us, forms no part of the issue to be tried by the jury. It is true, that for the benefit of the defendant, and not of the plaintiff, the law, prior to the passage of the act 1825, ch. 120, required…
2Cases cited2 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Bush v. StevensNew York Supreme Court · 1840
3Cited by5 opinions
- Engler v. GarrettCourt of Appeals of Maryland · 1905
- D. M. Osborne & Co. v. BakerSupreme Court of Minnesota · 1885
- Dever v. SilverCourt of Appeals of Maryland · 1919
- Edelen v. GoughCourt of Appeals of Maryland · 1849
- White Sewing Machine Co. v. FowlerNevada Supreme Court · 1904