Legal Opinion

McMahan v. Dorchester Fertilizer Co.

Court of Appeals of Maryland

Decided December 20, 1944No. [No. 56, October Term, 1944.]PublishedCited by 54 opinions

1Opinion of the CourtDelaplaine, J.

On July 3, 1943, the Dorchester Fertilizer Company, a body corporate, entered suit against Harry W. McMahan, a farmer, of Caroline County, on his sealed promissory note for $370.92, dated December 1, 1930, and payable on June 1, 1931, and obtained a judgment by confession against him for $526.57 and $52.65 as attorney’s fee for collection. On motion of defendant the Court struck out the judgment. Defendant then pleaded that the cause of action accrued more than twelve years before institution of suit. When the case was tried on May 11, 1944, defendant admitted that the two partial payments…

2Cases cited13 opinions

  1. McCluny v. SillimanSupreme Court of the United States · 1830
  2. Vincent v. PalmerCourt of Appeals of Maryland · 1941
  3. M'iver, Lessees v. RaganSupreme Court of the United States · 1817
  4. Wright v. GilbertCourt of Appeals of Maryland · 1879
  5. Young v. MackallCourt of Appeals of Maryland · 1853

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3Cited by54 opinions

  1. Harig v. Johns-Manville Products Corp.Court of Appeals of Maryland · 1978
  2. Hecht v. Resolution Trust Corp.Court of Appeals of Maryland · 1994
  3. Miller v. Pacific Shore FundingDistrict Court, D. Maryland · 2002
  4. Roberts v. Southwest Community Health ServicesNew Mexico Supreme Court · 1992
  5. Walko Corp. v. Burger Chef Systems, Inc.Court of Appeals of Maryland · 1977

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