Dent v. Dent
Court of Appeals of Maryland
Appeal from Charles county court. This was an action of assumpsit, brought by the appellee against the appellant, on the 26th January 1843. The defendant pleaded non assumpsit by her intestate, nor by her since his death, and actio non accrevit, fyc., on which issues were joined. Exception.
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Appeal from Charles county court. This was an action of assumpsit, brought by the appellee against the appellant, on the 26th January 1843. The defendant pleaded non assumpsit by her intestate, nor by her since his death, and actio non accrevit, fyc., on which issues were joined. Exception. At the trial of this cause the plaintiff proved, by Eliza Dent, a competent witness, that she was present, in September 1840, at plaintiff’s house, and heard defendant’s intestate borrow from plaintiff the sum of $701.20; which was then paid to him. The defendant then proved by Miss Smoot, a competent…
1Opinion of the CourtSpence, J.
It is a general rule of evidence, that the acts and admissions of a party on the record, are evidence, although he be but a trustee for another. Mr. Starkie, in his work on evidence, volume 2, page 22, says : “Such admissions are always evidence.” We think this language lays down the rule too broadly; it, in fact, makes the rule a universal one, and without an exception.
That the admissions and declarations made by one, in relation to a subject matter in which the party making such admissions or declarations, has an interest at the time they are made, are evidence, is settled law; for it finds…
2Cited by5 opinions
- Baltimore City Passenger Railway Co. v. McDonnell ex rel. McDonnellCourt of Appeals of Maryland · 1876
- New York Life Insurance v. FlackCourt of Appeals of Maryland · 1852
- Beatty v. DavisCourt of Appeals of Maryland · 1850
- Webster v. Le CompteCourt of Appeals of Maryland · 1891
- Barber's Adm'r v. BennettSupreme Court of Vermont · 1888