Legal Opinion
Hand v. Manufacturers & Traders Trust Co.
Court of Appeals of Maryland
Decided July 24, 2008No. 109 September Term, 2007PublishedCited by 12 opinions
1Opinion of the CourtDale R. Cathell, Judge
(retired, specially assigned).
Patrick T. Hand, Successor Guardian of the Property of Clifton D. Smith, petitioner, presents two questions as follows:1
I. WHERE CLAIM IS AGAINST A GUARDIAN, DOES THE DEFENSE OF LACK OF LEGAL CAPACITY TO THE CLAIM OF A HOLDER IN DUE COURSE, AS SET OUT IN COMMERCIAL LAW ARTICLE, § 3-305(a)(l)(ii), RELATE ONLY TO AN INDIVIDUAL’S MENTAL STATE?
II. DOES THE DEFENSE OF ILLEGALITY TO THE CLAIM OF A HOLDER IN DUE COURSE AS SET OUT IN COMMERCIAL LAW ARTICLE, § 3-305(a)(l)(ii), RELATE ONLY TO SITUATIONS WHERE THERE IS A DIRECT STATUTORY EXPRESSION THAT AN INSTRUMENT,…
2Cases cited34 opinions
- Kedzie and 103rd Currency Exchange, Inc. v. HodgeIllinois Supreme Court · 1993
- Security Pacific National Bank v. EvansAppellate Division of the Supreme Court of the State of New York · 2006
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Rhode Island Depositors Economic Protection Corp. v. RignaneseSupreme Court of Rhode Island · 1998
- Kirgan v. ParksCourt of Special Appeals of Maryland · 1984
29 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anderson v. BursonCourt of Appeals of Maryland · 2011
- Kendall v. Howard CountyCourt of Appeals of Maryland · 2013
- State v. PhillipsCourt of Special Appeals of Maryland · 2013
- Fleming v. Gordon (In re Gordon)United States Bankruptcy Court, D. Maryland · 2013
- Fraternal Order of Police v. Montgomery CountyCourt of Appeals of Maryland · 2016
7 more not listed; retrieve them via the Exa API.