Union Banking Co. v. Gtttings
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This was an action for rent brought by the appellee against the appellant.
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Appeal from the Circuit Court for Howard County. This was an action for rent brought by the appellee against the appellant. First Exception. — At the. trial of this cause the plaintiff, to maintain the issues on its part joined, testified as a witness himself, as follows: I am the owner of the property on the southeast corner of South and Second streets, in Baltimore city; sometime in July, 1873, Mr. Savin, the cashier of the defendant, came and said he would like to rent the building for the Union Banking Co.; afterwards he came again accompanied hy Mr. Philip Gfover, the President of the…
1Opinion of the CourtAlvby, J.
It is hardly' possible to suppose that the evidence admitted by the ruling of the Court as stated, in the first hill of exception could have prejudiced the defendant; and if this were the only question in the case we should not reverse the judgment. We think, however, that the evidence should have been excluded. When an agent is *193acting within the scope of his authority, his declarations accompanying his acts are admissible, as they are a part of the res gestee, and may qualify or explain the acts done by him. But in this case, the facts that Savin was the cashier of the defendant, and had…
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- Schwartsman v. Wilmington Stores Co.Superior Court of Delaware · 1924
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