Day v. Lyon
Court of Appeals of Maryland
Appeal from Baltimore county court. Assumpsit by the plaintiffs, (now appellants,) on a promissory note, drawn by Latiiner and Lyon in. favour of the defendant, and by him endorsed in blank. Evidence was given as to the manner in which notice of nonpayment was given to the. defendant; but as the decision of tips court relates only to the blank endorsement, such evidénce is omitted.
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Appeal from Baltimore county court. Assumpsit by the plaintiffs, (now appellants,) on a promissory note, drawn by Latiiner and Lyon in. favour of the defendant, and by him endorsed in blank. Evidence was given as to the manner in which notice of nonpayment was given to the. defendant; but as the decision of tips court relates only to the blank endorsement, such evidénce is omitted. On the defendant’s prayer, which was a general one, the county court, [Hanson, A. J.) directed the jury, that the plaintiffs were not entitled- to: recover. The plaintiffs excepted and appealed, the verdict’ and…
1Opinion of the Court
The opinion of the court was delivered by
' Dorsey, J.-
We concur in the opinion givén by the court, below. The plaintiffs sued as endorsees of a promissory note given by Latimer and Lyon to the defendant, and by him endorsed. .The plaintiffs could not have sustained-their suit, without proving that iMtimer and Lyon ’made ay note payable to the defendant, that the sanie was endorsed to the plaintiffs, that a demand of. payment was made of the payers on tlie day- bn which the boté became due, and that due notice of the nonpayment had been given to the defendant. If the proof was defective in any…
2Cited by1 opinion
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