Dunham v. Clogg
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This action was brought by the appellant against the ap-pellee upon a promissory note, the signature of which was admitted to be the genuine signature of the appellee, and which note was as follows: “ |258.6.5. Baltimore, December 26th? 1860. “ Six months after date I promise to pay to the order of Stetson Yaughn, two hundred and fifty-eight dollars sixty-five cents, value received. “ George S. Clogo.”
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Appeal from the Circuit Court for Howard County. This action was brought by the appellant against the ap-pellee upon a promissory note, the signature of which was admitted to be the genuine signature of the appellee, and which note was as follows: “ |258.6.5. Baltimore, December 26th? 1860. “ Six months after date I promise to pay to the order of Stetson Yaughn, two hundred and fifty-eight dollars sixty-five cents, value received. “ George S. Clogo.” Endorsed “Stetson Yaughn.” The declaration contained the usual money counts, and a count on the note sued for. The defendant pleaded: 1st. That…
1Opinion of the CourtStewart, J.
There could have been no valid objection to the instruction given to the jury by the Court if the facts in the case justified it, but so far as we can discover by the proofs furnished in the bill of exceptions, they did not warrant the instruction. There was no evidence that the note in question was given for goods sold by Stetson 'Vaughn, as agent of C. L. Dunham, to the appellee, and that as such agent he endorsed it to Dun-ham, and that it was paid to Vaughn as such agent; but so far as the facts are disclosed by the proof, Dunham and Vaughn were strangers to the transaction between the…
2Cases cited3 opinions
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