Legal Opinion

Totten v. Bucy

Court of Appeals of Maryland

Decided January 19, 1882PublishedCited by 23 opinions

Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. Exceptions-At the trial,after the testimony summarized in the opinion was in, the plaintiff offered five prayers; the third and fifth are stated in the opinion : the others aro as follows : 1. That there is no sufficient evidence in this canse of knowledge on the part of the plaintiff, at the time he purchased the note sued on, of any fraud in the obtention of said note, or of…

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Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. Exceptions-At the trial,after the testimony summarized in the opinion was in, the plaintiff offered five prayers; the third and fifth are stated in the opinion : the others aro as follows : 1. That there is no sufficient evidence in this canse of knowledge on the part of the plaintiff, at the time he purchased the note sued on, of any fraud in the obtention of said note, or of failure of consideration for the same, if they shall find such fraud or want of consideration, and if they find that the…

1Opinion of the CourtAlvey, J.

This action is brought upon a promissory note for $180, •dated October 10, 1879, payable six months after date, to H. K. White & Co., or bearer. By the terms of the note, it was made payable at the- First National Bank of Cumberland. ' • .

The plaintiff claims to have acquired title to the note for valuable consideration, before its maturity; and the defendant pleads and insists that the note was obtained from him by the.fraud and deceit of the payees named in the note, through their agent; and that the plaintiff took the note with full knowledge of the facts under which the same was procured…

2Cases cited4 opinions

  1. Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
  2. Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
  3. Ellicott v. Martin, Love & Co.Court of Appeals of Maryland · 1854
  4. Citizens' National Bank v. HooperCourt of Appeals of Maryland · 1877

3Cited by23 opinions

  1. Banks v. McCosker & MolloyCourt of Appeals of Maryland · 1896
  2. Morrow v. StateCourt of Appeals of Maryland · 1948
  3. Bank of Montreal v. RichterSupreme Court of Minnesota · 1893
  4. McCosker & Molloy v. BanksCourt of Appeals of Maryland · 1896
  5. Parsons v. Utica Cement Manufacturing Co.Supreme Court of Connecticut · 1909

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