Legal Opinion

Howard Bank v. Carson

Court of Appeals of Maryland

Decided July 24, 1878PublishedCited by 1 opinion

Appeal from the Circuit Court of Baltimore City. This appeal was taken from an order of the Circuit Court (Gilmor, J.,) overruling exceptions on the part of the Howard Bank to the auditor’s account, (which, under the Court’s ruling, had rejected a part of the claim of said hank,) and ratifying the same. The facts of the case sufficiently appear in the opinion of the Court.

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Appeal from the Circuit Court of Baltimore City. This appeal was taken from an order of the Circuit Court (Gilmor, J.,) overruling exceptions on the part of the Howard Bank to the auditor’s account, (which, under the Court’s ruling, had rejected a part of the claim of said hank,) and ratifying the same. The facts of the case sufficiently appear in the opinion of the Court. The appellees have offered evidence tending to establish a fact,, for the purpose of impeaching the verity of the protest, as to the notice of the dishonor of the notes given to the endorser. The certificate of the protest…

1Opinion of the CourtStewart, J.

Jas. E. Purvis and Jas. F. Purvis, Jr., on the 3rd April, 1867, conveyed all their property to Orville Horwitz, in trust for the payment of their debts, as individuals or partners, according to their respective priorities.

Their creditors having been notified to file their claims, the Howard Bank, the appellant, filed its claim for certain notes, all of which was allowed, where Jas. F. Purvis was the drawer of the notes.

But upon five notes where he was merely the endorser, objection was made by other creditors, that there had not been the proper proceedings to hold him answerable as endorser.

Th…

2Cases cited3 opinions

  1. Lester v. Howard BankCourt of Appeals of Maryland · 1871
  2. President of the People's Bank v. BrookeCourt of Appeals of Maryland · 1869
  3. Tate v. SullivanCourt of Appeals of Maryland · 1869

3Cited by1 opinion

  1. Wolf v. Union Trust Co.Court of Appeals of Maryland · 1926

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