Barney v. Smith
4 H&J 485 (1819)
The surviving partner and a decedent formed a partnership. The French government awarded a sum of money to the partnership. The agent received the money on behalf of the partnership. The decedent died. The surviving partner filed an action of assumpsit against the agent to recover the money. The agent claimed that the action was barred by the act of limitations. The surviving partner asserted that the action was not time-barred because three years before he filed the action the agent made a promise to the surviving partner and the decedent to pay the debt. The trial court entered a judgment for the surviving partner. On appeal, the court affirmed the trial court's judgment. The court held that a debtor's acknowledgment of a debt took a creditor's claim against him out of the act of limitations. The court determined that the fact that the promise was made to both partners and the decedent died thereafter was irrelevant because the surviving partner was entitled to collect the debts due to the partnership. The court ruled that the surviving partner's action was not barred by the act of limitations.
Judges: Jeremiah Townley Chase; John Johnson, William Bond Martin.
Attorneys: Nathaniel Williams and William Pinkney for Appellant; Robert Goodloe Harper, William H. Winder, and Samuel Smith for Appellee.
Appellate Court Records:
COURT OF APPEALS (Docket, Western Shore) Barney v. Smith, 1819, June Term, no. 2, p. 1 [MSA S414-7, 1/66/14/25].
COURT OF APPEALS (Judgments, Western Shore) Barney v. Smith, 1819, June Term, no. 2 [MSA S382-11, 1/62/6/26].
COURT OF APPEALS (Notes on Arguments, Western Shore) Barney v. Smith, 1819, June Term, no. 2, p. 1-9 [MSA S427-6, 1/67/6/12].
COURT OF APPEALS (Notes on Arguments and Opinions, Western Shore) Barney v. Smith, 1819, June Term, no. 2, p. 1-7 [MSA S428-8, 1/67/6/21].
|
