Corner v. Pendleton
Court of Appeals of Maryland
Appeal from the Court of Common Pleas for Baltimore city. Assumpsit, brought on the 3rd of November 1852, by tbe appellants against the appellees, to recover money lost at play at defendant’s gaming-table by Rogers, their clerk, alleged to belong to the plaintiffs. The count in the near relied on was for money had and received. Plea, non assumpsit. 1st Exception.
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Appeal from the Court of Common Pleas for Baltimore city. Assumpsit, brought on the 3rd of November 1852, by tbe appellants against the appellees, to recover money lost at play at defendant’s gaming-table by Rogers, their clerk, alleged to belong to the plaintiffs. The count in the near relied on was for money had and received. Plea, non assumpsit. 1st Exception. The plaintiffs proved by Rogers, (to whose competency as a witness all objections were waived by tbe defendant,) that he played at faro at the defendant’s gaming-table and lost there $400 between April and July 1851. They then proved…
1Opinion of the CourtTuck, J.
We are of opinion that the point made by the first exception, as to the admissiblencss of the collection book offered by the *345plaintiffs, was properly ruled against them. The failure on the part of their clerk to enter collections in the book was wholly irrelevant to the issue in the cause, which was whether Rogers had lost the plaintiffs’ money at play with the defendant. The offer concedes the necessity of proving that he had collected money of the plaintiffs’ before the book could be used. Of what avail then the omission to enter the sums collected could be after its receipt by the clerk…
2Cases cited3 opinions
- Davis v. CalvertCourt of Appeals of Maryland · 1833
- Cole v. HebbCourt of Appeals of Maryland · 1835
- Jones v. President of the Mechanics BankCourt of Appeals of Maryland · 1849
3Cited by11 opinions
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- In Re Bauernschmidt's EstateCourt of Appeals of Maryland · 1903
- Rent-A-Car Co. v. Globe & Rutgers Fire InsuranceCourt of Appeals of Maryland · 1931
- Ervin v. State ex rel. WalleyIndiana Supreme Court · 1897
- LaFontaine v. Wilson Ex Rel. UgastCourt of Appeals of Maryland · 1946
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