Legal Opinion

McSherry v. Brooks

Court of Appeals of Maryland

Decided March 1, 1877PublishedCited by 18 opinions

Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiffs offered the following prayer: The plaintiffs asked the Court to instruct the jury, that if they find that the defendant executed the five promissory notes sued on, and delivered them to Shurtz, the payee, and that said notes were endorsed for value by said Shurtz to the commercial firm of Kirkland, Chase & Co., before its failure, and that the…

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Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiffs offered the following prayer: The plaintiffs asked the Court to instruct the jury, that if they find that the defendant executed the five promissory notes sued on, and delivered them to Shurtz, the payee, and that said notes were endorsed for value by said Shurtz to the commercial firm of Kirkland, Chase & Co., before its failure, and that the plaintiffs are the assignees in bankruptcy of said firm, appointed after its failure, and that said notes passed to said…

1Opinion of the CourtAlvey, J.

This action was brought by the assignees in bankruptcy of Kirkland, Chase & Co., indorsees of five promissory notes, against the defendant, the maker. The notes all hear date the 1st of January, 1870, though the proof is that they were made on the 10th of January, 1870. Each of the notes is for the sum of $5,652.89, making in the aggregate the sum of $28,264.46. All these notes were drawn in the ordinary form, and made payable to the order of W. D. Shurtz, one day after date.

The declaration contains six counts ; five upon the several promissory notes, and the sixth upon an account stated. To…

2Cases cited6 opinions

  1. Bank of United States v. DunnSupreme Court of the United States · 1832
  2. Goldsborough v. OrrSupreme Court of the United States · 1822
  3. Watchman & Bratt v. CrookCourt of Appeals of Maryland · 1833
  4. National Bank of Washington v. TexasSupreme Court of the United States · 1874
  5. Annan v. HouckCourt of Appeals of Maryland · 1846

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3Cited by18 opinions

  1. Speed v. BaileyCourt of Appeals of Maryland · 1927
  2. Foreman v. Melrod Ex Rel. Krick of Maryland, Inc.Court of Appeals of Maryland · 1970
  3. Crook v. New York Life InsuranceCourt of Appeals of Maryland · 1910
  4. Crothers v. National BankCourt of Appeals of Maryland · 1930
  5. Louis Eckels & Sons Ice Manufacturing Co. v. Cornell Economizer Co.Court of Appeals of Maryland · 1912

13 more not listed; retrieve them via the Exa API.

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