Barker v. Ayers
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit by the appellees against the appellant and John Barker, as partners, for goods sold and delivered. The nar charged a joint liability against the appellant and said John Barker, and the record was amended by agreement, so as to show a joint plea of non assumpsit by them.
Read the full summary
Appeal from the Superior Court of Baltimore city. Assumpsit by the appellees against the appellant and John Barker, as partners, for goods sold and delivered. The nar charged a joint liability against the appellant and said John Barker, and the record was amended by agreement, so as to show a joint plea of non assumpsit by them. In the course of the trial two exceptions were taken by the appellant to the rulings of the court below, (Frick, J.,) both of which are fully stated in the opinion of this court. The record was further amended by agreement, so as to make William Barker the only…
1Opinion of the CourtEccleston, J.
The question arising on the first bill of exceptions is, whether John Barker, one of the defendants, could be examined as a witness at the instance of the other defendant, for the purpose of proving there was no partnership between them, so far as related to the claim in controversy, and that he, John Barker, alone was responsible?
When this offer was first made to examine the party as a witness, no judgment had been confessed by him, but the issue then being tried before the jury was upon the joint plea *206of non assumpsit, the nar having charged the defendants as partners, and jointly liable…
2Cases cited3 opinions
- de Lizardi v. CohenCourt of Appeals of Maryland · 1845
- Morgan v. BriscoeCourt of Appeals of Maryland · 1853
- Albers v. WilkinsonCourt of Appeals of Maryland · 1834
3Cited by7 opinions
- Thompson v. Sun Cab Co.Court of Appeals of Maryland · 1936
- Mylander v. PageCourt of Appeals of Maryland · 1932
- Su Lee v. PeckNevada Supreme Court · 1925
- Queen City Enterprises, Inc. v. Independent Theatres, Inc.Court of Appeals of Maryland · 1963
- Westheimer v. CraigCourt of Appeals of Maryland · 1892
2 more not listed; retrieve them via the Exa API.