Felty v. Young
Court of Appeals of Maryland
Appear from the Circuit Court for Carroll County. Action, brought May 6th, 1858, by the appellant against the appellee, to recover the amount of a single bill for $106, dated Aprj.l 1.0th, 1844, in favor of the plaintiff’s intestate, payable at twelve months.
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Appear from the Circuit Court for Carroll County. Action, brought May 6th, 1858, by the appellant against the appellee, to recover the amount of a single bill for $106, dated Aprj.l 1.0th, 1844, in favor of the plaintiff’s intestate, payable at twelve months. The declaration, drawn under the Act of 1856, oh. 112, is as follows “Henry Felty, administrator of the goods and chattels, rights and credits, which were of J,ohn Young, deceased, by William P. Maulsby and John E. Smith, his attorneys, sues John Young for money payable by the defendant to the plaintiff, for goods bargained and sold by…
1Opinion of the CourtCochran, J.
The questions necessary to consider under the exception' taken in this case, are 1st, whether the acknowledgment, or promise, of the appellee, as proved, was sufficient to remove the bar of limitations? and if so, 2nd, whether upon the pleadings in the case the appellant was entitled to recover?
Mr. Shunk, the agent of the appellant, proved, that when he presented the single bill, in question, to the appellee' for collection, “he said it was Ids note, that he had borrowed the money, mentioned in it, from his father” the appellant's intestate, “and had never paid it, and did not think he would,…
2Cases cited4 opinions
- Oliver v. GrayCourt of Appeals of Maryland · 1827
- Young v. MackallCourt of Appeals of Maryland · 1853
- Barney v. SmithCourt of Appeals of Maryland · 1819
- Lamar v. ManroCourt of Appeals of Maryland · 1838
3Cited by5 opinions
- McMahan v. Dorchester Fertilizer Co.Court of Appeals of Maryland · 1944
- Hoover v. WilliamsonCourt of Appeals of Maryland · 1964
- Frank v. WareheimCourt of Appeals of Maryland · 1939
- Doughty v. BayneCourt of Appeals of Maryland · 1960
- Brosius Development Corp. v. City of HagerstownCourt of Appeals of Maryland · 1965