Miller v. Farmers & Mechanics' Bank
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. This was an action of assumpsit instituted by the appellants against the appellee. The narr. contained only the common counts.
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Appeal from the Circuit Court for Carroll County. This was an action of assumpsit instituted by the appellants against the appellee. The narr. contained only the common counts. The plaintiffs offered in evidence two promissory notes, payable to their order, and by them endorsed absolutely to Josiah Lee & Co., and by Josiah Lee & Co., endorsed to ‘“'Jacob Reese, Cashier, or order, for collection,” and proved that the plaintiffs were the owners of the notes, and passed them to Josiah Lee & Co., and received no value therefor from Lee & Co., but merely passed the notes to them for collection ;…
1Opinion of the Court
Ax/vev, J.,
delivered the opinion of the Court.
As between the plaintiffs and Josiah Lee & Co., there could be no question or difficulty in regard to the right of the former, to the proceeds of the two promissory notes collected by the defendant; for it is expressly admitted that the notes were the property of the plaintiffs, and were endorsed by them, without value, to Lee & Co., simply for collection. But as between the plaintiffs and the defendant, a different question arises, and one that depends upon the nature and character of the dealings and transactions between the defendant and Lee &…
2Cases cited4 opinions
- President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1843
- President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1848
- Thomas Wilson & Co. v. SmithSupreme Court of the United States · 1845
- Cecil Bank v. President of the Farmers BankCourt of Appeals of Maryland · 1864
3Cited by13 opinions
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Colton v. Drovers' Perpetual Building & Loan Ass'nCourt of Appeals of Maryland · 1899
- Richardson v. AndersonCourt of Appeals of Maryland · 1909
- First Denton National Bank v. KenneyCourt of Appeals of Maryland · 1911
- Blacher v. Nat. Bank of Balto.Court of Appeals of Maryland · 1926
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