Smith v. Walton ex rel. Walton
Court of Appeals of Maryland
Appeal from Saint Mary's county court. This was an action of debt instituted by the appellee, John Walton, against the appellant, on the 29th of June, 1847, upon a single bill in favor of said Walton, for ¡§539.30, purporting to be signed and sealed by George H. Smith, the appellant. The defendant pleaded non est factum, upon which issue was joined. In the course of the trial, four exceptions were taken by the defendant. The 1st is fully stated in the'opinion of (he court.
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Appeal from Saint Mary's county court. This was an action of debt instituted by the appellee, John Walton, against the appellant, on the 29th of June, 1847, upon a single bill in favor of said Walton, for ¡§539.30, purporting to be signed and sealed by George H. Smith, the appellant. The defendant pleaded non est factum, upon which issue was joined. In the course of the trial, four exceptions were taken by the defendant. The 1st is fully stated in the'opinion of (he court. In the 2nd, the defendant, upon the evidence detailed in the 1st, prayed the court to instruct the jury, that if they…
1Opinion of the CourtMartin, J.
This was an action of debt instituted in Saint Mary's county court, by the appellee against the appellant, upon a single bill, to which the appellant pleaded non est factum.
It appears from the record, that at the trial of the issue joined upon this plea, the plaintiff offered to prove, by George W. Morgan, that in 1843, he had witnessed the signature of the defendant to a receipt which he had seen him sign; that the signature f.o that receipt very much resembled the signature to the cause of action, and that from that resemblance, and his knowledge of the character of the handwriting of the…
2Cases cited1 opinion
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