Legal Opinion

Parkhurst v. Citizens National Bank

Court of Appeals of Maryland

Decided January 25, 1884PublishedCited by 3 opinions

Appeals from the Baltimore City Court. On the Tth day of September, 18^8, the Citizens National Bank of Baltimore brought two suits on a promissory note, the first against Jared Parkhurst, Jr., trading as Parkhurst & Co., the endorser of the note; and the second against Andrew R. Parkhurst and A. D. Patrick, trading as Parkhurst & Patrick, the makers of the note.

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Appeals from the Baltimore City Court. On the Tth day of September, 18^8, the Citizens National Bank of Baltimore brought two suits on a promissory note, the first against Jared Parkhurst, Jr., trading as Parkhurst & Co., the endorser of the note; and the second against Andrew R. Parkhurst and A. D. Patrick, trading as Parkhurst & Patrick, the makers of the note. The affidavit required by the Act of 1864, ch. 6, to be filed with the declaration, at the time of bringing the suit, was made by the cashier of the Bank. In the first case, on the 15th of October, 1818, judgment by default was…

1Opinion of the CourtRobinson, J.

This suit is brought under the Procedure Act of 1864, chap. 6, passed for the purpose of despatching business in *257the Superior Court and the Court oí Common Fleas of Baltimore City.

The Act provides, the plaintiff must at the time of bringing the suit, file with the declaration an affidavit, stating the true amount due by the defendant, and must also file at the same time, the bond, bill of exchange, promissory note, or other writing, or account, by which the defendant is so indebted.

The plaintiff in this case, is a National Bank, and the question is, whether the cashier is the proper officer…

2Cases cited4 opinions

  1. Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876
  2. Baldwin ex rel. Owens v. WrightCourt of Appeals of Maryland · 1845
  3. Mix v. . Andes Insurance CompanyNew York Court of Appeals · 1878
  4. Mitchell v. ChesnutCourt of Appeals of Maryland · 1869

3Cited by3 opinions

  1. Bessemer Irrigating Co. v. West Pueblo Ditch & Reservoir Co.Supreme Court of Colorado · 1918
  2. Stern v. BenningtonCourt of Appeals of Maryland · 1905
  3. Phyllis J. Outlaw & Associates v. GrahamCourt of Special Appeals of Maryland · 2006

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