Shanks v. Dent
Court of Appeals of Maryland
Appeal from Saint Mary's county court. This was an action of assumpsit brought by the appellee, as executor of Ellen T. Allstan, against the appellant, on the 3rd of July, 1847. The declaration contains counts for goods, wares, &c., sold and delivered, money laid out and expended, money lent and advanced, money had and received, and an account stated. The plea was non assumpsit.
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Appeal from Saint Mary's county court. This was an action of assumpsit brought by the appellee, as executor of Ellen T. Allstan, against the appellant, on the 3rd of July, 1847. The declaration contains counts for goods, wares, &c., sold and delivered, money laid out and expended, money lent and advanced, money had and received, and an account stated. The plea was non assumpsit. The plaintiff, to support the issue on this plea, proved, by Thomas Maddox, that defendant came to witness, some time in the year 1845, with the bond of J. Blackistone and J. L. Alistan, payable to the order of…
1Opinion of the CourtChambers, J.
The court below was asked to “ exclude all parol evidence of the contents, date, &c., of a certain draft, as illegal testimony, the original which was produced being the best evidence to prove these facts.” The cáse has been argued as if the draft said to be “ produced,” was in the possession of the party in court, but not exhibited in evidence, and we are willing so to understand the exception. It appears, by the statement in the exception, that all the evidence had been given without objection, and a second witness had also testified in regard to the same paper before the objection was…
2Cases cited3 opinions
- Baltimore & Suscquehanna Rail-road v. FaunceCourt of Appeals of Maryland · 1847
- Dent v. HancockCourt of Appeals of Maryland · 1847
- Marfield v. DavidsonCourt of Appeals of Maryland · 1836
3Cited by1 opinion
- Davis v. PattonCourt of Appeals of Maryland · 1862