Ecker v. First National Bank
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. The case is stated in the opinion of the Court. Exception.—At the trial, among other evidence, Thomas E. Shepherd, the President of the plaintiff, testified that the defendant was a director in the Bank until two or three years after the death of Jonas Ecker, and he thought until 1874 or 1875; that the defendant told him frequently, at the meetings of the Board, that he, as executor, was, at all times, ready and willing to…
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Appeal from the Circuit Court for Carroll County. The case is stated in the opinion of the Court. Exception.—At the trial, among other evidence, Thomas E. Shepherd, the President of the plaintiff, testified that the defendant was a director in the Bank until two or three years after the death of Jonas Ecker, and he thought until 1874 or 1875; that the defendant told him frequently, at the meetings of the Board, that he, as executor, was, at all times, ready and willing to pay the amount ascertained to he due from his testator’s estate ; that after the Bank had gotten out of the surviving…
1Opinion of the CourtMiller, J.
This appeal is from a judgment recovered by the appellee against the executor of Jonas Ecker who died in August, 1870. The case was tried before the Court without the intervention of a jury, and upon an agreement waiving all errors in pleading, and admitting all testimony that would he admissible under any state of pleadings. In order to understand the cause of action, and the defence thereto, it is necessary to state briefly the material facts disclosed by the record.
It appears then that Ecker, Stouffer and Hawk, were partners trading under the firm name of J. Ecker & Co. This firm was…
2Cases cited2 opinions
- Haines v. PearceCourt of Appeals of Maryland · 1874
- Hurst v. HillCourt of Appeals of Maryland · 1855
3Cited by6 opinions
- Geo. Bert. Cropper, Inc. v. Wisterco Investments, Inc.Court of Appeals of Maryland · 1979
- Gray v. Farmers' National BankCourt of Appeals of Maryland · 1895
- Bank v. WetzelWest Virginia Supreme Court · 1905
- Philadelphia & Reading Coal & Iron Co. v. WillingerCourt of Appeals of Maryland · 1920
- First National Bank v. Cripple Creek State BankSupreme Court of Colorado · 1916
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