Schley v. Merritt
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action brought by the appellees against the appellant, on a promissory note drawn by George W. P. Smith, for $229.39, dated Baltimore, the 4th of October, 1869, and payable six months after date, to the order of James Higgins, the appellant's testator, and by him endorsed. ■ First Exception.
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Appeal from the Court of Common Pleas. This was an action brought by the appellees against the appellant, on a promissory note drawn by George W. P. Smith, for $229.39, dated Baltimore, the 4th of October, 1869, and payable six months after date, to the order of James Higgins, the appellant's testator, and by him endorsed. ■ First Exception. The plaintiffs to sustain the issues on their part, offered in evidence the note sued on, and the protest, and proved the making and endorsement of the note, the death of Higgins at Barnum’s Hotel, in the City of Baltimore, in the latter part of March,…
1Opinion of the CourtBartol, C. J.
This suit was instituted by the appellees to recover from the appellant, the amount of a promissory note* *358drawn by George W. P. Smith, and endorsed by James Higgins the appellant’s testator.. The defence was, that there was not sufficient notice of the dishonor of the note, to bind the appellant; and the Court below in refusing the second prayer of the appellees, and granting the first prayer of the appellant, ruled that question in her favor : it does not, therefore, properly arise on this appeal, and is not material to be decided.
The bills of exceptions present two questions for our…
2Cases cited3 opinions
- Whelan v. CookCourt of Appeals of Maryland · 1868
- Bank of Columbia v. Magruder's Adm'xCourt of Appeals of Maryland · 1824
- Kramer v. SandfordSupreme Court of Pennsylvania · 1842
3Cited by3 opinions
- Leet v. StateCourt of Appeals of Maryland · 1953
- Auchincloss v. StateCourt of Appeals of Maryland · 1952
- Jordan v. ReedSupreme Court of New Jersey · 1908