Wellersburg & West Newton Plank Road Co. v. Bruce
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. Assumpsit, by the appellant against the appellee, upon a subscription for four shares of the capital stock of the plaintiff at $25 per share. Plea, non assumpsit. 1st Exception. The plaintiff offered in evidence the subscription list, to which the defendant’s subscription for four' shares was admitted. By this subscription, the subscribers agreed to pay to the said company $25 for each share subscribed.
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Appeal from the Circuit Court for Allegany county. Assumpsit, by the appellant against the appellee, upon a subscription for four shares of the capital stock of the plaintiff at $25 per share. Plea, non assumpsit. 1st Exception. The plaintiff offered in evidence the subscription list, to which the defendant’s subscription for four' shares was admitted. By this subscription, the subscribers agreed to pay to the said company $25 for each share subscribed. The plaintiff then proved demand of payment of these shares before suit brought, and would not say that it would give any other evidence to…
1Opinion of the CourtMason, J.
In proving his case, a plaintiff is not confined to any particular order in which to offer his evidence. If the evidence be legal and material to the issue, it should be received by the court without reference to the order in which it is introduced. Caton vs. Carter, 9 Gill & Johns., 476. But if on the other hand testimony is offered which has no tendency to prove the issue in the case, it is error to permit it to go to the jury: and where legal testimony has been received, but which turns out to be so light and inconclusive that no rational mind can infer from it the fact which it is offered…
2Cases cited4 opinions
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Belt v. MarriottCourt of Appeals of Maryland · 1850
- Dakin v. PomeroyCourt of Appeals of Maryland · 1850
- Maslin v. ThomasCourt of Appeals of Maryland · 1849
3Cited by9 opinions
- Pegg v. WarfordCourt of Appeals of Maryland · 1855
- State ex rel. Brady v. Consolidated Gas Co.Court of Appeals of Maryland · 1897
- Mills v. BaileyCourt of Appeals of Maryland · 1898
- Metropolitan Life Insurance v. DempseyCourt of Appeals of Maryland · 1890
- F. S. Royster Guano Co. v. State Ex Rel. MacDonaldCourt of Appeals of Maryland · 1917
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