Legal Opinion

Stabler v. Cowman

Court of Appeals of Maryland

Decided December 15, 1835PublishedCited by 6 opinions

Appeal from Anne Arundel County court. Assumpsit by the appellant against the appellee, commenced 24th April, 1832. Issue was joined upon the plea of non assumpsit.

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Appeal from Anne Arundel County court. Assumpsit by the appellant against the appellee, commenced 24th April, 1832. Issue was joined upon the plea of non assumpsit. At the trial, the plaintiff having proved the signature of the subscribing witness, who was dead, offered to read in evidence to the jury the following paper: “ These are to certify, that John G. Cowman of Anne Arundel county, Maryland, on one part, and Thomas P. Stabler of Montgomery county, and State aforesaid, have mutually agreed to, and bind themselves to the following agreement, to wit: — John G. Cowman now takes the horse…

1Opinion of the CourtBuchanan, Chief Judge

This is an action on the case, upon a contract in writing, between the plaintiff and defendant, concluding with these words, “ in witness of which, we have hereunto set our hands and seals,” with the word teste prefixed to the name of the *286subscribing witness, whose hand-writing, he being dead, was proved at the trial.

It was signed and sealed by the plaintiff, and signed by the defendant, but with no appearance of a seal, or of there ever having been one, opposite to, or in any manner connected with his signature. The only seal, or appearance of one, upon the instrument, being that of the…

2Cited by6 opinions

  1. Mayor of Federalsburg v. Allied Contractors, Inc.Court of Appeals of Maryland · 1975
  2. Dawson v. Western Maryland RailroadCourt of Appeals of Maryland · 1907
  3. Crowder v. Master Financial, Inc.Court of Special Appeals of Maryland · 2007
  4. State ex rel. Gilkeson v. HumbirdCourt of Appeals of Maryland · 1880
  5. Baltimore Pearl Hominy Co. v. LinthicumCourt of Appeals of Maryland · 1910

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