Legal Opinion

Graham v. Sangston

Court of Appeals of Maryland

Decided December 15, 1851PublishedCited by 10 opinions

An appeal from Calvert county court. The pause of action in this case is a promissory note, of which the following is a copy: “Huntington, September 24t]i, 1845. Four months after date, I promise to pay to Uriah Lavielle, or order, fifteen hundred dollars, value received, negociable and payable at the Farmers Bank of Maryland, Annapolis. Signed, — Alexander Harris.”

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An appeal from Calvert county court. The pause of action in this case is a promissory note, of which the following is a copy: “Huntington, September 24t]i, 1845. Four months after date, I promise to pay to Uriah Lavielle, or order, fifteen hundred dollars, value received, negociable and payable at the Farmers Bank of Maryland, Annapolis. Signed, — Alexander Harris.” Endorsed Uriah Javielle, Mackall Harris, Thomas J. Graham, James J. Mackall, Sangston ¿f Co.” Non-assumpsit being pleaded, there was a trial and verdict for the plaintiff. The defendant at the trial of the case took two…

1Opinion of the CourtLe Grand, C. J.

This was an action of assumpsit instituted by the appellees in Calvert county court, as endorsees of a promissory note against the appellant as endorser.

The right of the appellees to recover is denied on the ground, that appellant had not such notice of the dishonor of the note, as is required by the law, to fix the responsibility oi an endorser.

The note was made negotiable, and payable at the Farmers Bank at Annapolis. The plaintiffs below, to “prove the demand upon the drawer of the note, and notice of nonpayment thereof to the defendant, offered the protest of the noté’’’ in evidence, from…

2Cases cited3 opinions

  1. Mills v. Bank of United StatesSupreme Court of the United States · 1826
  2. Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
  3. President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829

3Cited by10 opinions

  1. Bob Holding Corp. v. Normal Realty Corp.Court of Appeals of Maryland · 1960
  2. Nailor v. BowieCourt of Appeals of Maryland · 1852
  3. Wolf v. Union Trust Co.Court of Appeals of Maryland · 1926
  4. Sasscer v. President of the Farmers BankCourt of Appeals of Maryland · 1853
  5. Wetherall v. ClaggettCourt of Appeals of Maryland · 1868

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