Clarke v. Dederick
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore City. Tbe facts- of tbe case are stated in tbe opinion of tbe Court.. cited 2 Gree.nl. Ev., secs. 172, 209 ; 1 Greenl. Ev., secs. 74-79 ; Shaw vs. Broom, 4 Dowling Hyland,, 730 ; Smith vs. De Wrintz, Ryan <$• Moody, 212; LjOW vs. Chifney, 1 Bing. N. C., 269. cited Story on Promissory Notes, secs. 190,197; Goodman vs. Harvey, 4 Adolph Ellis, 870, adopted in Com. ‡ Farms. Nat.
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Appeal from tbe Superior Court of Baltimore City. Tbe facts- of tbe case are stated in tbe opinion of tbe Court.. cited 2 Gree.nl. Ev., secs. 172, 209 ; 1 Greenl. Ev., secs. 74-79 ; Shaw vs. Broom, 4 Dowling Hyland,, 730 ; Smith vs. De Wrintz, Ryan <$• Moody, 212; LjOW vs. Chifney, 1 Bing. N. C., 269. cited Story on Promissory Notes, secs. 190,197; Goodman vs. Harvey, 4 Adolph Ellis, 870, adopted in Com. ‡ Farms. Nat. Bk. vs. First National Bk., 30 Md., 11; G-wynn vs. Lee, 1 Md. Ch. Dec. 448-9; Hopkins vs. Kent, 17 Md., 120; Benjamin on Sales, 336.
1Opinion of the CourtMiller, J.
This action was brought by the appellee, as endorsee and holder, against the appellant, as maker of two promissory notes, for $2,500 each, one dated 1st of September, 1865, at twelve months, and the other March 4th, 1866, at six months, both payable to the order of L. & P. K. Dederick, and by them endorsed. The plaintiff rested his case upon the production of the notes, and the admission of the signatures of the maker, and of the payees and endorsers. The defence set up was failure of consideration, and that the plaintiff' was not a bond fide holder for value and without notice. After the…
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