Legal Opinion

Long v. Crawford

Court of Appeals of Maryland

Decided February 11, 1862PublishedCited by 2 opinions

Appeal from the Circuit court for Carroll County. Assumpsit, brought July 16th 1856, by the appellants against the appellee, as endorser of a promissory note for $45(.).56, dated “Woodbine, Carroll County, Mcl., 30th September 1854,” payable at twelve months “at the bank of Westminster,” drawn by one Richard L. Ensey. Plea, non assumpsit.

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Appeal from the Circuit court for Carroll County. Assumpsit, brought July 16th 1856, by the appellants against the appellee, as endorser of a promissory note for $45(.).56, dated “Woodbine, Carroll County, Mcl., 30th September 1854,” payable at twelve months “at the bank of Westminster,” drawn by one Richard L. Ensey. Plea, non assumpsit. Exception: The plaintiffs offered in evidence the note sued on, endorsed by the defendant, (his hand writing being proved,) and by Basil Owings & Son, and tbe protest thereof, which stated that, “written notices of protest” were sent to the endorsers, that…

1Opinion of the Court

Goi,ds.norough, J.,

delivered the opinion of this court.

This action was brought by the appellants against the appellee to recover on the promissory note mentioned in the record. Besides the count on the note, the plaintiff’s declaration contained the indebitatus and common money counts.

The defendant pleaded non assumpsit. At the trial, the plaintiffs offered the evidence stated, ante 221, 222.

The defendant then asked the court to instruct the jury, that upon the pleadings and all the evidence in the cause, the plaintiffs are not entitled to recover in this action.

“1st. Because no sufficient…

2Cases cited3 opinions

  1. Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
  2. Ellicott v. Martin, Love & Co.Court of Appeals of Maryland · 1854
  3. Kunkel v. SpoonerCourt of Appeals of Maryland · 1856

3Cited by2 opinions

  1. Rochkind v. StevensonCourt of Appeals of Maryland · 2020
  2. Leonard v. Union Trust Co.Court of Appeals of Maryland · 1922

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