Ward v. Leitch
Court of Appeals of Maryland
Appeal from tbe Circuit Court for Anne Arundel County. This was an action of assumpsit brought by the appellant to recover from the appellee, as executor of Wm. F. Leitch, for goods bargained and sold, and money lent to the deceased, 'and for money found to be due upon an account stated in the life time of tbe deceased. The defendant pleaded that the deceased never was indebted and never promised as alleged, payment, limitations and set-off.
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Appeal from tbe Circuit Court for Anne Arundel County. This was an action of assumpsit brought by the appellant to recover from the appellee, as executor of Wm. F. Leitch, for goods bargained and sold, and money lent to the deceased, 'and for money found to be due upon an account stated in the life time of tbe deceased. The defendant pleaded that the deceased never was indebted and never promised as alleged, payment, limitations and set-off. The plaintiff replied' as to the set-off, that he never promised and never was indebted as alleged, and limitations, and issue was joined upon the pleas…
1Opinion of the CourtRobiNSON, J.
The paper offered in evidence to refresh the recollection of the witness, possessed none of the elements recognized as essential to constitute a memorandum for that purpose. It was a mere copy taken from the original entries in the store book of the plaintiff; and it does not appear by whom, or at what time the entries were made, or that the witness ever saw and recognized them to be correct. If in Green vs. Caulk, 16 Md., 556, it was held that “a copy made by a witness from his own original memoranda,” was inadmissible; upon what principle is it proposed to offer a copy made from the…
2Cases cited1 opinion
- Green v. CaulkCourt of Appeals of Maryland · 1861
3Cited by5 opinions
- McGarvey v. McGarveyCourt of Appeals of Maryland · 1979
- Bullock v. HunterCourt of Appeals of Maryland · 1876
- Baird v. National Surety Co.North Dakota Supreme Court · 1926
- Baird v. National Surety Co. of New YorkNorth Dakota Supreme Court · 1926
- Owens v. StateCourt of Appeals of Maryland · 1887