Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 38

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 38

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...I have any memory of the practice of the Courts, that every new item and credit in an account given by one party to the other, is an admission of there being some unsettled account between them, the amount of which is to be afterwards ascertained; and any act which the jury may consider as an acknowledgment of its being an open account is sufficient to take the case out of the Statute." l The decision in Catling vs. Skoulding, has been followed in this country in a great number of cases, which will be found collected in Angell on Limitations, 132, note 3. Judge PARSonS, in his work on Contracts, vol. 3, pp. 71, 72, 73, (note d;) in speaking of Gatling vs. Skoulding, says, " Perhaps this decision is consistent with the views then prevailing in respect to new promises and acknowledgments: but it is submitted that it cannot be sustained on principle, since the decision of Tanner vs. Smart, in England, (6 B. (17: C., 609, ) and Bell vs. Morrison in this country, (1 Peters, 360);" and while the learned author states in the same note, that the main current of American decisions is still in accordance with Catling vs. Skoulding, he says, (in his text) "we think these decisions are inconsistent with the views which now prevail in regard to new promises andacknowledgments, and we doubt whether they will be followed in any jurisdiction where the question is still open. It has been distinctly repudiated in Blair vs. Drew, 6 N. H., 235; Livermore vs. Rand, 6 Foster, 85, and in Kentucky in Lansdale vs. Brashear, 3 T. B. M0n., 330; Smith vs. Dawson, 10 B. Mon., 112, and in Tennessee in Craighead vs. The Bank, d/' c., 7 Yerg., 399. In Maryland the question is a new one. and looking at the reasons upon which the decision of more

Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • United States
  • English
  • black & white illustrations
  • 1236797035
  • 9781236797032