Moses v. President of the Franklin Bank
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This action was brought by the appellees against the appellant upon the following check : “$1,200. Baltimore, June 16th, 1869. “ Cecil National Bank of Port Deposit, Md., pay to Moses Moses, or order, twelve hundred dollars. “Jacob Tome & Co.” “ Endorsed — Moses Moses, Elliott & Blacklar, pay J. B. Ramsay, Cash, lor collection account, Franklin Bank, Baltimore. Chas. Goodwin, Cash.”
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Appeal from the Superior Court of Baltimore City. This action was brought by the appellees against the appellant upon the following check : “$1,200. Baltimore, June 16th, 1869. “ Cecil National Bank of Port Deposit, Md., pay to Moses Moses, or order, twelve hundred dollars. “Jacob Tome & Co.” “ Endorsed — Moses Moses, Elliott & Blacklar, pay J. B. Ramsay, Cash, lor collection account, Franklin Bank, Baltimore. Chas. Goodwin, Cash.” The declaration contained the common money counts, and a special count in the usual form, charging the defendant as endorser upon the check. The defendant pleaded…
1Opinion of the CourtAlvey, J.
Whether the check declared on in this case is in any proper sense an inland bill of exchange, and therefore protestable, within the meaning and object of sections 6 and 7 of Article 14 of the Code, is the first question presented; and we think the Court below was right in ruling in the affirmative. According to all the text writers on bills and notes, as well as in numerous decisions, a check is denominated a species of inland bill of exchange; not with all the incidents of an ordinary bill of exchange, it is true, but still it belongs to that class and character of commercial paper. Ryles on…
2Cases cited3 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
3Cited by18 opinions
- Messing v. Bank of America, N.A.Court of Appeals of Maryland · 2003
- Deibert v. StateCourt of Appeals of Maryland · 1926
- Harrison v. WrightIndiana Supreme Court · 1885
- National Union Bank v. Miller Rubber Co.Court of Appeals of Maryland · 1925
- Dickinson v. CoatesSupreme Court of Missouri · 1883
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