Atwell v. Grant
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit brought by the appellee, as holder, against the appellant, as endorser, of a promissory note for $870.14, dated on tbe 26tb of December 1851, payable at six months to blank order, drawn by one West, and endorsed by the defendant and others. Plea, non assumpsit. 1st Exception.
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Appeal from the Superior Court of Baltimore city. Assumpsit brought by the appellee, as holder, against the appellant, as endorser, of a promissory note for $870.14, dated on tbe 26tb of December 1851, payable at six months to blank order, drawn by one West, and endorsed by the defendant and others. Plea, non assumpsit. 1st Exception. The plaintiff proved the defendant’s endorsement, and then offered in evidence the note and the protest thereof, made at the request of the cashier of the Farmers and Planters Bank of Baltimore, stating the demand on the maker, refusal to pay, and that notices…
1Opinion of the CourtEccleston, J.
The first bill of exceptions shows that the defendant objected to the admissibility of the evidence offered on the part of the plaintiff, for the following reasons:
“ Because the note had not been stamped, as required by law, and because the affidavit was not such as the act of 1844, ch. 280, sec. 8, required to be made, and because the affidavit was made, not before the clerk of the city court of Baltimore, but before the clerk of the criminal court of Baltimore, and because the penalty was paid to the clerk of the criminal court of Baltimore city, and because said affidavit did not meet the…
2Cases cited2 opinions
- President of the Farmers Bank v. DuvallCourt of Appeals of Maryland · 1835
- Reynolds v. FurlongCourt of Appeals of Maryland · 1856
3Cited by9 opinions
- First Natl. Bank of San Luis Obispo v. HendersonCalifornia Supreme Court · 1894
- McClain v. StateCourt of Appeals of Maryland · 1980
- Montague v. StateCourt of Appeals of Maryland · 1880
- Young v. StateCourt of Special Appeals of Maryland · 1972
- Dryfoos v. HostetterCourt of Appeals of Maryland · 1973
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