Legal Opinion

Merchants Bank v. Marine Bank

Court of Appeals of Maryland

Decided June 15, 1845PublishedCited by 9 opinions

Appeal from Baltimore county court. This was an action of assumpsit, docketted by consent to January term 1840, by the appellees against the appellants. The general issue only was pleaded.

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Appeal from Baltimore county court. This was an action of assumpsit, docketted by consent to January term 1840, by the appellees against the appellants. The general issue only was pleaded. At May term 1840, the parties filed the following statement, signed by counsel: Joel Vickers, on tho 20th September 1839, deposited in the Marine Bank of Baltimore $762, and received therefor the annexed certificate of deposite, which, it is admitted, is the usual form of certificate of deposite in the banks of this city. J. Slrodtmann, to whose order said certificate was made payable, was personally…

1Opinion of the Court

Spence, J.,

delivered tire opinion of this court.

(iAt the trial of this case, the plaintiff, to maintain the issue on its part, offered to read in evidence to the jury the statement of facts agreed upon by the counsel of the parties, and submitted to the court upon the previous trial of the cause, to the admissibility of which, as evidence in this trial, the defendant objected; but the court over-ruled the objection, and permitted the said statement to be read in evidence to the jury by the plaintiffs, to which the defendant excepted.”

This judgment of the court is first for our revision in…

2Cases cited1 opinion

  1. Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812

3Cited by9 opinions

  1. Consolidated Steel & Wire Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1899
  2. Commercial & Farmers' National Bank v. First National BankCourt of Appeals of Maryland · 1869
  3. Union National Bank v. WinsorSupreme Court of Minnesota · 1907
  4. Vernon v. AubinoeCourt of Appeals of Maryland · 1970
  5. Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1882

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