Griffith v. Shipley
Court of Appeals of Maryland
Appeal from the Circuit Court for Montgomery County. The case is stated in the opinion of the Court. The cause was argued before Alvey, O. J., Miller, Irving, Bryan, Fowler, and McSherry, J. The total failure in the consideration for the note, and its obtention by misrepresentation and fraud, being undisputed facts in this case, it was incumbent on the plaintiff to show by a preponderance of proof that “he was a bona fide holder for value, and without notice, in the usual…
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Appeal from the Circuit Court for Montgomery County. The case is stated in the opinion of the Court. The cause was argued before Alvey, O. J., Miller, Irving, Bryan, Fowler, and McSherry, J. The total failure in the consideration for the note, and its obtention by misrepresentation and fraud, being undisputed facts in this case, it was incumbent on the plaintiff to show by a preponderance of proof that “he was a bona fide holder for value, and without notice, in the usual course of business, and under circumstances that create no presumption that he knew of the existence •of facts impeaching…
1Opinion of the Court
Alvey, .0. J.,
delivered the opinion of the Court.
This action was brought by the appellee, as indorsee and holder, to recover the amount of a promissory note made by the appellant on the 20th of February, 1888, payable to F. N. Hook, or bearer, on or before the first of March, 1889, for $160. The note was made payable at the Union National Bank of Westminster, Md., and on failure of payment it was protested. The note itself is in ordinary form, but on the back of it there are certain printed forms of certificates or statements which have not been filled up. The purpose of one of these blank…
2Cases cited4 opinions
- Stewart v. LansingSupreme Court of the United States · 1882
- McNamara v. GargettMichigan Supreme Court · 1888
- Sutton v. BeckwithMichigan Supreme Court · 1888
- Totten v. BucyCourt of Appeals of Maryland · 1882
3Cited by10 opinions
- Banks v. McCosker & MolloyCourt of Appeals of Maryland · 1896
- McCosker & Molloy v. BanksCourt of Appeals of Maryland · 1896
- Edelen v. First National BankCourt of Appeals of Maryland · 1921
- Financial Credit Corp. v. WilliamsCourt of Appeals of Maryland · 1967
- Cover v. MyersCourt of Appeals of Maryland · 1892
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