Roberts v. Woven Wire Mattress Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action brought hy the appellee against the appellants as executors of Henry T. Roberts, deceased.
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Appeal from the Superior Court of Baltimore City. This was an action brought hy the appellee against the appellants as executors of Henry T. Roberts, deceased. The cause of action was a bond given by their testator to the plaintiff, dated May 21st, 1870, the condition of which was in these words : “ Whereas, M. Roberts has entered into an agreement with the said company, to act as their agent for the State aforesaid, to transact the sales of the company to the best of his ability, and to make returns for such sales to the company, for sales of previous months on the l§th of each month ; then…
1Opinion of the CourtStewart, J.
The admission of the letter agreed to have been signed by Perkins, secretary of the appellee, hearing date October 7th, 1871, addressed to Henry T. Roberts, was the ground of appellants’ first exception.
This letter per se, and without further proof or statement that it was to he followed up, was inadmissible; hut when in the further progress of the case, it was proved by Stovie, the witness, that the letter was mailed, it was admissible, as purporting to give notice to the appellant of his brother’s defalcation..
Its admission under the circumstances, affords no valid ground for the reversal…
2Cases cited4 opinions
- Union Bank v. RidgelyCourt of Appeals of Maryland · 1827
- Iglehart v. State ex rel. MackubinCourt of Appeals of Maryland · 1830
- Hutton v. PadgettCourt of Appeals of Maryland · 1867
- Wyeth v. WalzlCourt of Appeals of Maryland · 1876
3Cited by10 opinions
- McShane v. Howard BankCourt of Appeals of Maryland · 1890
- Weil v. Free State Oil Co. of Md.Court of Appeals of Maryland · 1952
- Gordon v. State National BankCourt of Appeals of Maryland · 1968
- Grafflin v. State, Use of RuckleCourt of Appeals of Maryland · 1906
- Lutz v. PorterCourt of Appeals of Maryland · 1955
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