3 H. & J. 572
Decided June 15, 1815
Court of Appeals of Maryland · decided 1815-06-15
This was an action of assumpsit on a promissory note. The defendant (now defendant in error,) pleaded'non assumpsit, and issue was joined. At the trial the plaintiff, (now plaintiff in error,) produced in evidence the following promissory note, to wit: etBaltimore, May 30th, 1810.
Cited by 1 later decisions — most recently June 1930
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1815-06-15
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¶1The defendant could not, to defeat the action on the general issue, rely on the note being joint, but if he intended to avail himself of that circumstance he ought to have pleaded it in abatement. For the note being joint did not prove that the defendant had not assumed, and assumed, although another also assumed;-there was no variance of course between the allegata and probata.
¶2JUSGMENT REVERSE», &üj