Lucas v. Byrne
Court of Appeals of Maryland
Appeal from lire Circuit Court for Washington County. This was an action instituted by the appellant on a single bill, dated 3d June, 1854, executed by the appellee and a certain Joseph Byrne, to Phillip Coons, administrator of Sarah Tillett, deceased, for the sum of $795. Joseph Byrne did not appear and the suit was. proceeded with against the appellee alone. The defendant pleaded as follows: First. That he was not indebted as alleged. Second. Payment. Third.
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Appeal from lire Circuit Court for Washington County. This was an action instituted by the appellant on a single bill, dated 3d June, 1854, executed by the appellee and a certain Joseph Byrne, to Phillip Coons, administrator of Sarah Tillett, deceased, for the sum of $795. Joseph Byrne did not appear and the suit was. proceeded with against the appellee alone. The defendant pleaded as follows: First. That he was not indebted as alleged. Second. Payment. Third. That the plaintiff was not the assignee of the single bill, bona fide entitled thereto. Fourth. That the plaintiff was not the…
1Opinion of the CourtStewart, J.
The chief question involved, as we understand from the record of proceedings in the Circuit Court, and the briefs and arguments of the respective counsel, is simply this :
Can the plaintiff in a Court of this State by filling up the blank endorsement at bar, assigning the single bill to himself, institute suit in his own name and recover upon the single bill given by the defendant to Philip Coons, and by him endorsed in blank, and delivered to Edward Lucas, who held it at the time of his death in the State of Virginia, and u2?on whose estate Robert Lucas, the plaintiff, administered in that…
2Cases cited8 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Glenn v. SmithCourt of Appeals of Maryland · 1830
- Foster v. WadeCourt of Appeals of Kentucky · 1863
- Robinson v. ClandallNew York Supreme Court · 1832
- Lessee of Powell v. HarmanSupreme Court of the United States · 1829
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3Cited by3 opinions
- Wright v. GilbertCourt of Appeals of Maryland · 1879
- Citizens' National Bank v. SharpCourt of Appeals of Maryland · 1880
- Nelson v. Chesapeake Construction Co.Court of Appeals of Maryland · 1930