Whiteford v. Burckmyer
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of assumpsit, brought on the 9th October 1840, by the appellees against the appellant, who pleaded nonassumpsit. At the trial the following exceptions were taken t 1st Exception.
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Appeal from Baltimore County Court. This was an action of assumpsit, brought on the 9th October 1840, by the appellees against the appellant, who pleaded nonassumpsit. At the trial the following exceptions were taken t 1st Exception. The plaintiffs to support the issue on their part offered in evidence to the jury the following bill of exchange and protesti “$1500. W. B. Baltimore, 1st January, 1840. ' Ninety days after date, please pay to the order of David Whiteford, fifteen hundred dollars, which charge as advised to-account of Your obedient servant, ■ Nicholas U. Chapee. To Messrs. Blum…
1Opinion of the CourtChambers, J.
Of the numerous questions arising on this record for our decision, the first is whether the testimony whieh the defendant proposed to offer, and to which the plaintiff objected, as stated in the first bill of exceptions, was admissible. It is certainly a sound rule, that before you can discredit a witness by proof of his having made statements at variance with his testimony, you must first afford to the witness whom it is intended to impeach, a full and fair opportunity to recollect, by calling his attention to dates, names or other attendant circumstances connected with the matter about…
2Cases cited5 opinions
- Duvall v. Farmers' BankCourt of Appeals of Maryland · 1837
- Hughes v. PledgeSupreme Court of Virginia · 1829
- Philips v. M'CurdyGeneral Court of Virginia · 1801
- Day v. LyonCourt of Appeals of Maryland · 1823
- Hudson v. GoodwinCourt of Appeals of Maryland · 1820
3Cited by45 opinions
- Keener v. HarrodCourt of Appeals of Maryland · 1852
- Birney v. New York & Washington Printing Telegraph Co.Court of Appeals of Maryland · 1862
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Williams v. WoodsCourt of Appeals of Maryland · 1860
- Jackson v. JacksonCourt of Appeals of Maryland · 1894
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