Sides v. Hilleary

Decided June 15, 1823

Court of Appeals of Maryland · decided 1823-06-15

Assumpsit on a promissory note dated the 17th of February 1819, drawn by the defendant (now appellee,) in favour of the plaintiff (now appellant,) for 8125, Non, assumpsit and issue. At the trial the plaintiff offered in evidence the promissory note upon which the action was brought, admitted by the. defendant to have been executed by him, and delivered to the plaintiff.

Cited by 1 later decisions — most recently May 1895

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1823-06-15

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¶1Tltó opinion of the court was delivered by

Buchanan, J.'

¶2If the plaintiff, at the time of taking the promissory note on which the suit is founded, knew that the mill-stories, which formed the consideration of the note, were defective; arid fraudulently concealed that defect from the defendant, the consideration wholly failed, and no suit could be sustained bn the note. Whetherthe plaintiff had or not a knowledge of the defect alleged, and concealed that knowledge from the defendant, was a question for the jury on the evidence, and the court could not *89'properly have instructed them, as prayed, that the. plain« tiff was entitled to recover.

¶3áu»sheet affirmed.