Blessing v. Hape
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick county. Assumpsit upon a promissory note for $100, executed by the appellees to the appellant. Plea, non assumpsit. Exception. The plaintiff having proved the execution of the note, the defendants produced a witness who proved a payment by one of the makers of $85 on account of the note. This witness was cross-examined by the plaintiff’s counsel and- permitted to leave the witness’ stand, and other witnesses were examined.
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Appeal from the Circuit Court for Frederick county. Assumpsit upon a promissory note for $100, executed by the appellees to the appellant. Plea, non assumpsit. Exception. The plaintiff having proved the execution of the note, the defendants produced a witness who proved a payment by one of the makers of $85 on account of the note. This witness was cross-examined by the plaintiff’s counsel and- permitted to leave the witness’ stand, and other witnesses were examined. The plaintiff’s counsel then stated that in cross-examining the first witness he had omitted to ask him a question which he…
1Opinion of the CourtTuck, J.
A much greater latitude is allowed in cross-examining witnesses tiran on the examination-in-chief. Rules of court are sometimes adopted by which the practice is confined to narrower limits than are allowed at common law. But, as the record in this case does not show that the question proposed by the appellant was irregular, in view of any rule of the court below, the correctness of its decision must be determined upon general principles.
We are not now to decide whether the witness, if he had answered in the negative, could have been contradicted, but merely whether the plaintiff below was…
2Cases cited1 opinion
- Atwood v. WeltonSupreme Court of Connecticut · 1828
3Cited by7 opinions
- Wise v. AckermanCourt of Appeals of Maryland · 1892
- Green v. StateCourt of Appeals of Maryland · 1931
- State v. HendersonWest Virginia Supreme Court · 1886
- State v. MalmbergNorth Dakota Supreme Court · 1905
- Regester v. RegesterCourt of Appeals of Maryland · 1906
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