Second National Bank v. Western National Bank
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exceptions. — At the trial the plaintiff offered the following prayers: 1. If the jury believe that the note offered in evidence had been discounted by, and was owned by the plaintiff on the day of its maturity, and that said note was on that date presented to the defendant, and payment thereof demanded, and that Nolting was paying teller of defendant at the time, and marked the face of…
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exceptions. — At the trial the plaintiff offered the following prayers: 1. If the jury believe that the note offered in evidence had been discounted by, and was owned by the plaintiff on the day of its maturity, and that said note was on that date presented to the defendant, and payment thereof demanded, and that Nolting was paying teller of defendant at the time, and marked the face of said promissory note with a scratch or memorandum, with the initial of his ñame, then the jury are instructed that said…
1Opinion of the CourtBrent, J.
There is really but a single question presented in this case, and that is, whether a bank, which by mistake has certified a promissory note, made payable at its banking house, to be “ good,” can afterwards correct such mistake.
It appears that the Second National Bank held by the endorsement of the payees a promissory note of Tilghman & Drakely, drawn at four months to the order of Carmine & Co., and payable at the Western National Bank, at which bank the drawers kept their deposit account. On the morning of the day on which the note was due, about half past eleven o’clock, the runner of the…
2Cases cited1 opinion
- Meads v. . the Merchants' Bank of AlbanyNew York Court of Appeals · 1862
3Cited by12 opinions
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Baltimore Base Ball Club & Exhibition Co. v. PickettCourt of Appeals of Maryland · 1894
- Inter-state National Bank v. RingoSupreme Court of Kansas · 1905
- National Bank of Commerce v. Baltimore Commercial BankCourt of Appeals of Maryland · 1922
- Bk. of Balto. v. Drovers', Etc., Bk.Court of Appeals of Maryland · 1923
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