M. Schwartz & Sons v. Wilmer
Court of Appeals of Maryland
Appeal from a judgment of the Court of Common Pleas (Harlan, C. J.) At the trial the following prayers were offered by defendants : 1st. That the words “ protest waived ” on the back of the note, the cause of action in this case, are a material alteration of said note in so far as the defendants in this case are concerned, and that, therefore, the verdict must be for the defendants, unless the jury find from the evidence that said words were on said note at the time that…
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Appeal from a judgment of the Court of Common Pleas (Harlan, C. J.) At the trial the following prayers were offered by defendants : 1st. That the words “ protest waived ” on the back of the note, the cause of action in this case, are a material alteration of said note in so far as the defendants in this case are concerned, and that, therefore, the verdict must be for the defendants, unless the jury find from the evidence that said words were on said note at the time that said defendants endorsed the said note, or were subsequently put there by one of the said defendants or by the.express…
1Opinion of the CourtPage, J.
This suit was brought by the appellee to recover against the appellants, as endorsers of a note, drawn by one Dorf, to the appellants. It was received and endorsed by the appellants for the accommodation of the maker. It was then endorsed by the latter, and sold to the appellee for a valuable consideration. At the time it passed into the hands of the appellee, the words “ protest waived ” appeared on the back, above the names of the several endorsers. The appellee testified the words were on the back of the note when it was first presented to him, but that he did not know when or how the…
2Cases cited9 opinions
- Wood v. SteeleSupreme Court of the United States · 1867
- Artz v. GroveCourt of Appeals of Maryland · 1864
- Lewis v. BrehmeCourt of Appeals of Maryland · 1871
- May v. Buckhannon River Lumber Co.Court of Appeals of Maryland · 1889
- Avirett v. BarnhartCourt of Appeals of Maryland · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pond v. AndersonSupreme Court of Iowa · 1950
- Massachusetts National Bank v. SnowMassachusetts Supreme Judicial Court · 1905
- Criswell v. StateCourt of Appeals of Maryland · 1915
- Crothers v. National BankCourt of Appeals of Maryland · 1930
- Linthicum v. BagbyCourt of Appeals of Maryland · 1917
3 more not listed; retrieve them via the Exa API.