Wetherall v. Claggett
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. This was an action of assumpsit by the appellee, as holder, against the appellant, Edward Griffith, as endorser, of three promissory notes for $1,200 each, all drawn by John Higinbotham in favor of and endorsed by the appellant, dated respectively the 16th, 20th and 23d of June, 1851, and '¡payable four months after date.
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Appeal from the Circuit Court for Cecil County. This was an action of assumpsit by the appellee, as holder, against the appellant, Edward Griffith, as endorser, of three promissory notes for $1,200 each, all drawn by John Higinbotham in favor of and endorsed by the appellant, dated respectively the 16th, 20th and 23d of June, 1851, and '¡payable four months after date. The suit was brought in Harford County Court, on the 14th of November, 1851, the narr. being in the usual form. An amended narr. was also subsequently filed, and issue joined upon the plea of non-assvmpsit. The case was…
1Opinion of the Court
Robinson J.,
delivered the opinion of this Court.
It was admitted by the appellant’s counsel that the protests were legal and competent to prove demand upon and refusal by the maker. The first exception was therefore abandoned. The objections to the evidence of Latimer, raised by the second bill of exceptions cannot be sustained. The only question at issue in the trial below, was whether the defendant had received due notice of the dishonor of the notes. It is conceded that the protests are insufficient to prove notice, because they do not inform the endorser, that payment was demanded and…
2Cases cited3 opinions
- Graham v. SangstonCourt of Appeals of Maryland · 1851
- Hunter v. Van Bomhorst & Co.Court of Appeals of Maryland · 1851
- Waters' Lessee v. RigginCourt of Appeals of Maryland · 1863
3Cited by5 opinions
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- Wolf v. Union Trust Co.Court of Appeals of Maryland · 1926
- Spanish American Cork & Specialty Co. v. State Ex Rel. SchneiderCourt of Appeals of Maryland · 1919
- Reynolds v. ApplemanCourt of Appeals of Maryland · 1875
- Bank of Metropolis v. JacobsNew York Marine Court · 1877