Penn v. Flack & Cooley
Court of Appeals of Maryland
Appeal from Montgomery County Court. Assumpsit by the appellees, as the endorsees of the following promissory note, against the appellant, William G. Penn, as the maker thereof, commenced on the 11th of October, 1827. “ $80. Sixty days after date, I promise to pay to John Morrison, or order, eighty dollars, without defalcation, value received. Wm. G.Penn. May 21-si, 1818.” Endorsed.
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Appeal from Montgomery County Court. Assumpsit by the appellees, as the endorsees of the following promissory note, against the appellant, William G. Penn, as the maker thereof, commenced on the 11th of October, 1827. “ $80. Sixty days after date, I promise to pay to John Morrison, or order, eighty dollars, without defalcation, value received. Wm. G.Penn. May 21-si, 1818.” Endorsed. “Pay to James Flack, 8f Co. April 24th, 1824. John Morrison.v The declaration contained a count on the note, setting out the endorsement, which it averred to have been made; before the time limited in the said…
1Opinion of the CourtStephen, J.
This case presents two questions for the decision of this court. The first is, whether an endorsee of the payee of a note, can maintain an action for money had and received, against the maker ? and the second, whether it is a material variance to declare that a negotiable note-was endorsed'by the payee before it became due, and to offer proof of an endorsement after it fell due ? Upon the first question there is a contrariety of opinions in the books, but upon the most mature deliberation, we are of opinion that the action is maintainable, upon sound legal principles; the note is a contract…
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