Wetherall v. Garrett
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. The appellees, together with Robert Garrett, since deceased, instituted, against Edward Griffith, since deceased, in the Circuit Court for Harford county, in the year 1854, five separate actions, which were subsequently removed to the Circuit Court for Cecil county, and there, by an agreement of counsel, consolidated and tried as one.
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Appeal from the Circuit Court for Cecil County. The appellees, together with Robert Garrett, since deceased, instituted, against Edward Griffith, since deceased, in the Circuit Court for Harford county, in the year 1854, five separate actions, which were subsequently removed to the Circuit Court for Cecil county, and there, by an agreement of counsel, consolidated and tried as one. The causes of action were eight promissory notes, for $1,200 each, drawn by J. Higinbotham, to the order of the defendant, Griffith, by whom they were endorsed to the plaintiffs. Each of these notes, at maturity,…
1Opinion of the CourtRobinson, J.
That the holder may prove demand and notice, by presumptive evidence, we consider well settled by a long and unbroken series of English decisions, and fully sustained by the best considered of American cases. To require direct proof in every cause, would be to apply a harsh and rigorous rule, in regard to commercial paper, unknown in the proof *463of other contracts, and subversive of tire plainest principles of justice. Whilst notice of demand and non-payment, is necessary to fix the liability of the endorser, the proof of that notice, must be governed by the same rules of law, which obtain in…
2Cases cited1 opinion
- Davis v. BarneyCourt of Appeals of Maryland · 1830
3Cited by3 opinions
- Wimbrow v. MorrisCourt of Appeals of Maryland · 1912
- Wolf v. Union Trust Co.Court of Appeals of Maryland · 1926
- Spanish American Cork & Specialty Co. v. State Ex Rel. SchneiderCourt of Appeals of Maryland · 1919