Lewis v. Kramer
Court of Appeals of Maryland
Appeax. from Baltimore county court. This was an action of assumpsit, brought by the appellees to recover from the appellant, Lewis, §583.09, the amount of a draft drawn upon him by one Thomas S. Robinson, payable to the order of George Kowarth ninety days after date, and dated the 16th of April 1849. The declaration contained the common money counts, and a special count charging the appellant as acceptor. The plea was non assumpsit. 1st Exception.
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Appeax. from Baltimore county court. This was an action of assumpsit, brought by the appellees to recover from the appellant, Lewis, §583.09, the amount of a draft drawn upon him by one Thomas S. Robinson, payable to the order of George Kowarth ninety days after date, and dated the 16th of April 1849. The declaration contained the common money counts, and a special count charging the appellant as acceptor. The plea was non assumpsit. 1st Exception. The plaintiffs offered testimony, taken under a commission issued to Pittsburg, in substance, as follows: Robinson, the drawer of the draft, owed…
1Opinion of the CourtEccleston, J.
The admission of the testimony of J. B. Williams, a notary public, and of Latimer, his clerk, is the first ground of exception presented by this appeal.
Williams had no knowledge of the matter except what he derived from a memorandum contained in a book produced by him. The memorandum was in his handwriting, taken down from the statement of the clerk. He had no personal knowledge of the truth of the memorandum, but says the record or entry in the book was correctly made as the facts were stated to him by the clerk. Upon seeing the memorandum, Latimer said he had no recollection of the facts…
2Cases cited6 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Duvall v. Farmers' BankCourt of Appeals of Maryland · 1837
- Penn v. Flack & CooleyCourt of Appeals of Maryland · 1831
- Kennedy v. Baltimore InsuranceCourt of Appeals of Maryland · 1813
- Murphey v. BarronCourt of Appeals of Maryland · 1827
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3Cited by12 opinions
- Green v. CaulkCourt of Appeals of Maryland · 1861
- Morrison v. WeltyCourt of Appeals of Maryland · 1862
- First National Bank v. ClarkCourt of Appeals of Maryland · 1884
- Brown, Graves & Co. v. Ambler, Marvin & StocktonCourt of Appeals of Maryland · 1887
- Franklin Bank v. LynchCourt of Appeals of Maryland · 1879
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