Bowie ex rel. Ladd v. Duvall
Court of Appeals of Maryland
Appeal from Prince■ George’s County Court. This was an action of assumpsit, brought by the payee against the maker of a promissory note. The declaration contained a count on a note drawn on the 4th of September, 1821, by the appellee, (the defendant in the court below) for $1387 65, payable sixty days after date, to the appellant (the plaintiff in that court) or order; and also the common money counts.
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Appeal from Prince■ George’s County Court. This was an action of assumpsit, brought by the payee against the maker of a promissory note. The declaration contained a count on a note drawn on the 4th of September, 1821, by the appellee, (the defendant in the court below) for $1387 65, payable sixty days after date, to the appellant (the plaintiff in that court) or order; and also the common money counts. The genera] issue was pleaded. 1. At the trial, the plaintiff offered in evidence the following promissory note: “$1387 65 Prince George’s County, Sept. 4,1821. Sixty days after date, I promise…
1Opinion of the CourtAkcheb, J.
The statute 3d & 4th Anne, ch. 9, declares that promissory notes shall be assignable or endorseable over in the same manner as inland bills of exchange are, or may be, according to the custom of merchants; and power is hy the same statute
name of the payee, because the payee having transferred his interest, can have no competency to maintain an action.
it is true, that if a note duly endorsed in full, should in the regular course of commercial dealing, come back to the hands of a prior endorser, or of the payee, it would he competent for such person as the holder to strike out the endorsement,…
2Cases cited2 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Olivera v. The Union Insurance CompanySupreme Court of the United States · 1818
3Cited by6 opinions
- Maryland Fertilizing & Manufacturing Co. v. NewmanCourt of Appeals of Maryland · 1883
- Forwood v. MagnessCourt of Appeals of Maryland · 1923
- Colmary v. FanningCourt of Appeals of Maryland · 1915
- Bell v. Hagerstown BankCourt of Appeals of Maryland · 1848
- Reynolds v. FurlongCourt of Appeals of Maryland · 1856
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