Ricketts v. Pendleton
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Assumpsit, brought on the 11th of May 1855, by the appellants, as holders, against, the appellee, as endorser of a promissory note for $5000, drawn by H. S. Ward & Co., dated “Baltimore, May 18th, 1854,” at four months, payable to the order of the defendant, and by him endorsed. Plea, non-assumpsit. Isi Exception. The plaintiffs offered in evidence the note and protest, having proved the defendant’s endorsement of it.
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Appeal from the Superior Court of Baltimore City. Assumpsit, brought on the 11th of May 1855, by the appellants, as holders, against, the appellee, as endorser of a promissory note for $5000, drawn by H. S. Ward & Co., dated “Baltimore, May 18th, 1854,” at four months, payable to the order of the defendant, and by him endorsed. Plea, non-assumpsit. Isi Exception. The plaintiffs offered in evidence the note and protest, having proved the defendant’s endorsement of it. The protest states that (he notary, at the request of the Citizens Bank of Baltimore, bearers of the original note, “presented…
1Opinion of the CourtBartol, J.
We find no error in the ruling of the Superior court upon the question presented by the first bill of exceptions. The alleged agreement between the defendant and H. S. Ward & Co., *329was not, per se, evidence in this cause, but we concur with the court below, in the opinion that it was admissible, taken in connection with the other facts, which the defendant proposed to prove, and which were embraced in the offer, namely: “that the plaintiffs, received said note from H. S. Ward & Co., with express notice and actual knowledge of the agreement and understanding on which said note was endorsed by…
2Cases cited3 opinions
- Haney v. MarshallCourt of Appeals of Maryland · 1856
- Boyd v. McCannCourt of Appeals of Maryland · 1856
- Sasscer v. WhitelyCourt of Appeals of Maryland · 1856
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- Hunter v. First National BankIndiana Supreme Court · 1909
- Johnston v. SchnabaumSupreme Court of Arkansas · 1908
- Stack v. BeachIndiana Supreme Court · 1881
- Bigelow v. BurnhamSupreme Court of Iowa · 1891
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