Tate v. Sullivan
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. This was an action of assumpsit, brought on the 24th of October, 1864, by the appellee against the appellant, to recover the sum of $237.50, with interest from the 29th of January, 1861, on a- promissory note drawn by Isaac P. Gil-ley, payable five months after date to the order of the 'appellant, who endorsed it to William Beeves, by whom it was endorsed to the appellee.
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Appeal from the Circuit Court for Anne Arundel County. This was an action of assumpsit, brought on the 24th of October, 1864, by the appellee against the appellant, to recover the sum of $237.50, with interest from the 29th of January, 1861, on a- promissory note drawn by Isaac P. Gil-ley, payable five months after date to the order of the 'appellant, who endorsed it to William Beeves, by whom it was endorsed to the appellee. The declaration contained a count upon the note, and the usual money counts. The defendant pleaded non-assumpsit and limitations, and upon these pleas issue was joined.…
1Opinion of the CourtStewaet, J.
To facilitate commercial operations, the notarial protest is made by law prima facie evidence of the presentment of the notes for payment, to the maker at the time and in the manner therein stated — its non-payment and notice thereof sent or delivered to the endorser as stated therein. The appellee had a right to offer the protest as prima facie evidence of the contents, and there was no error in the first and second exceptions ; but its sufficiency without additional evidence to fix responsibility for the payment of the note upon the appellant as endorser, was quite a different question. See…
2Cases cited5 opinions
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Bank of Columbia v. Magruder's Adm'xCourt of Appeals of Maryland · 1824
- Nailor v. BowieCourt of Appeals of Maryland · 1852
- Beck v. Thompson & MarisCourt of Appeals of Maryland · 1819
- Staylor v. BallCourt of Appeals of Maryland · 1866
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- Howard Bank v. CarsonCourt of Appeals of Maryland · 1878