Legal Opinion

Stouffer v. Alford

Court of Appeals of Maryland

Decided November 16, 1910PublishedCited by 8 opinions

Appeal from the Superior Court of Baltimore City (Stock, bridge, J.). Plaintiff's Ifth, Prayer.—If the jury shall find from the evidence that the defendant is a business man and was able to read and write and that he signed the contract with the Lyon-Taylor Company testified to in this case, and that he subsequently, a week or more later, accepted or signed the drafts in accordance with the said contract then the said defendant is thereby presumed to have known' and agreed…

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Appeal from the Superior Court of Baltimore City (Stock, bridge, J.). Plaintiff's Ifth, Prayer.—If the jury shall find from the evidence that the defendant is a business man and was able to read and write and that he signed the contract with the Lyon-Taylor Company testified to in this case, and that he subsequently, a week or more later, accepted or signed the drafts in accordance with the said contract then the said defendant is thereby presumed to have known' and agreed to the terms of the said contract, and that he cannot now claim that he was induced to sign, or accept the drafts because…

1Opinion of the CourtSchmucker, J.

The appellant, claiming to be the lawful holder of four overdue negotiable drafts which had been accepted by the appellee, sued him thereon in the Superior Court of Baltimore City.

The declaration alleged that the drafts had been drawn upon the appellee by Milbert T. Price and Louis °E. Lyon, trading as Lyon-Taylor Company, and, after their acceptance by him, had been endorsed by Lyon-Taylor Company to the appellant for value, before maturity and without notice of any defect therein. The appellee, as defendant, pleaded the general issue pleas and a special plea as an equitable defense averring…

2Cases cited18 opinions

  1. Lincoln v. ClaflinSupreme Court of the United States · 1869
  2. McAleer v. HorseyCourt of Appeals of Maryland · 1872
  3. Butler v. WatkinsSupreme Court of the United States · 1872
  4. Southern Street Railway Advertising Co. v. Metropole Shoe Manufacturing Co.Court of Appeals of Maryland · 1900
  5. Black v. Bank of WestminsterCourt of Appeals of Maryland · 1903

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3Cited by8 opinions

  1. Owens-Corning Fiberglas Corp. v. GarrettCourt of Appeals of Maryland · 1996
  2. McClung-Logan Equipment Co. v. ThomasCourt of Appeals of Maryland · 1961
  3. Standard Motor Co. v. PeltzerCourt of Appeals of Maryland · 1925
  4. Testerman v. H & R BLOCK, INC.Court of Special Appeals of Maryland · 1974
  5. Asbestos, Ltd. v. Hudson Cement & Supply Co.Pennsylvania Court of Common Pleas · 1927

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