ART. 35.] EVIDENCE—ACCOUNTS. 703
he hath not, directly or indirectly, received to his knowledge any
part or parcel of the money or goods charged as due by such
account, or any security or satisfaction for the same, more than
credit shall be given for, shall be received as good evidence in
any court or before any justice of the peace of this State, unless
the debtor or defendant shall make it appear by lawful evidence
that such account is false in part or in whole.
Sanders v. Leigh, 2 H. & McH. 380. Smoot's Ex'r v. Bunbury's Ex'r, 1 H.
& J. 136. Warner v. Fowler, 8 Md. 25.
P. G. L., (1860,) art. 37, sec. 44. 1888, ch. 392.
45. In cases where there are two or more plaintiffs, any
affidavits required under the preceding sections to be made by the
party bringing suit, or by the creditor, may be made by any one
of the plaintiffs; or if all the plaintiffs be absent from the State
at the time of the bringing of the suit, or if the plaintiff
be a corporation, such affidavit may be made by any agent of the
plaintiff or plaintiffs, or any of them, who will make further oath
that he is such agent, and that he has personal knowledge of the
matters therein stated; such affidavit, if made on behalf of any
firm or co-partnership, shall be prima facie evidence of said
partnership and of the persons composing the same as therein
set forth, or if made on behalf of any body corporate by any
person therein alleging himself to be a charter officer thereof
shall be prima facie evidence of the fact of its corporation as
therein set forth.
Ibid. sec. 45. 1785, ch. 46, sec. 6.
46. Nothing contained in this article shall preclude any debtor
or defendant from controverting any proof offered in pursuance
of the provisions thereof, by any testimony which is legal and
admissible by the rules of the common law, or prevent any creditor
or plaintiff from giving any evidence admissible by the rules of
the common law, in support of his claim; or pursuing any legal
mode other than herein prescribed, to prove and establish his
claim or demand.
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