Franklin Bank v. Lynch
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. The case is stated in the opinion of the Court. First Exception.—At the trial the corporate existence of the plaintiff was admitted. The plaintiff then gave in evidence the following telegram: Dated Westminster, Md., —• 27th, 1878. Received at S. W. cor. Calvert and Baltimore Sts., Baltimore, April 27. To A. P. Baer & Co., 7 Cheapside, Baltimore: You may draw on me for seven hundred dollars. Edward Lynch.
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Appeal from the Circuit Court for Carroll County. The case is stated in the opinion of the Court. First Exception.—At the trial the corporate existence of the plaintiff was admitted. The plaintiff then gave in evidence the following telegram: Dated Westminster, Md., —• 27th, 1878. Received at S. W. cor. Calvert and Baltimore Sts., Baltimore, April 27. To A. P. Baer & Co., 7 Cheapside, Baltimore: You may draw on me for seven hundred dollars. Edward Lynch. And it was admitted that the same had been sent by defendant as it purports, and received by Arthur P. Baer & Co., on Saturday, 27th April,…
1Opinion of the CourtBartol, C. J.
This suit was brought by the appellant against the ap*277pellee. The facts of the case were admitted, and so far as material may be thus stated.
The appellee, living in Westminster, Maryland, sent to Baer & Co., of Baltimore, the following telegram:
Westminster, Md., April 27, 1878.
To A. P. Baer & Co.,
7 Cheapside, Baltimore:
“ You may draw on me for seven hundred dollars.”
“Edward Lynch.”
The same was received about 2 o’clock p. m. the same day, being Saturday. On the Monday following Baer & Co. drew their draft on the appellee as follows:
($700.) Baltimore, April 29, 1878.
“ At sight, pay to the order…
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