Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 52

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 52

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...by the oral testimony of any witness who has knowledge of it, and who will swear to it. "In a case like this, involving dealings with more than three thousand persons, strangers to him, he need not have distinct recollection of each individual, and of the payment to him, but if he has made a record at lhe time, and producing the record is able to testify from it, he has done all that the case can reasonably require of him. "In this case, the city produces John A. Thompson, Jr., a witness not attempted to be impeached, who swears that he was a clerk in the oflice of the Register of the city; that he produces the records in which the payments are entered; that all the payments claimed were in fact made to the enlisted parties themselves, or to persons lawfully authorized by them to receive them. There is, besides, other strong corroborative proof not necessary to be here referred to. This would seem to be suflicient to discharge the city, unless it be considered that the State has a right to review the authority upon which payment was made to others than the soldiers themselves, and recover for any mistake in judgment the disbursing oflicer may have made, though he may have acted honestly, and the State may have suffered no loss by reason of such mistake. It must be remembered that there is no fraud or corrupt dealing charged or intimated in this case; as 'the proof stands, the money was honestly paid to somebody, and the State has received the military service of some one as the equivalent of such payment; it is moreover admitted that no claim has been made against the State for money alleged to have been paid by the city. The question as to the authority of the payee to receive the payment, was strictly a judicial...show more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236894308
  • 9781236894304