Legal Opinion

Merrick v. Trustees of the Bank

Court of Appeals of Maryland

Decided June 15, 1849PublishedCited by 19 opinions

Appeal from Charles county court. This was an action of assumpsit, instituted by John P. Vanness, John Boyle, and others, the appellees, trustees of the Bank of the Metropolis, against the appellant, upon the pro missory note recited in the opinion of this court. The. declaration contains four counts. The 1st avers, “that whereas the said defendant an 2nd Count.

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Appeal from Charles county court. This was an action of assumpsit, instituted by John P. Vanness, John Boyle, and others, the appellees, trustees of the Bank of the Metropolis, against the appellant, upon the pro missory note recited in the opinion of this court. The. declaration contains four counts. The 1st avers, “that whereas the said defendant an 2nd Count. “ Whereas the said defendant and McCulloh made,” &c., (reciting the place and date of the note, as in 1st count,) “and thereby jointly and severally promised to pay,” <&c., (stating amount and delivery of the note,) “and the said bank…

1Opinion of the CourtFrick, J.

The claim of the plaintiffs (the present appellees,) has its origin in a note discounted at the Bank, of the Metropolis, in the District of Columbia, of the following tenor:

“$1,200. Washington, 30th October, 1843.

Four months after date, we jointly and severally promise to *65pay to the Bank of the Metropolis, or order, twelve hundred dollars, for value received. James W. McCuli.oh,

Wm. D. Merrick.”

On the back of the note is the following endorsement:

“Pay to John P. Vanness, John Boyle, Thomas Carbery, Nathaniel P. Causin, George W. Graham, Charles Hill, Lewis Johnson, John W. Maury, George…

2Cases cited4 opinions

  1. Penn v. Flack & CooleyCourt of Appeals of Maryland · 1831
  2. Hager's Town Turnpike Road Co. v. CreegerCourt of Appeals of Maryland · 1820
  3. Brown v. WarramCourt of Appeals of Maryland · 1815
  4. Union Bank v. EllicottCourt of Appeals of Maryland · 1834

3Cited by19 opinions

  1. Traylor v. GraftonCourt of Appeals of Maryland · 1975
  2. Du Puy v. Transportation & Terminal Co.Court of Appeals of Maryland · 1896
  3. In re De Camp Glass Casket Co.Court of Appeals for the Sixth Circuit · 1921
  4. Ing v. State ex rel. LewisCourt of Appeals of Maryland · 1855
  5. Wilson v. KelsoCourt of Appeals of Maryland · 1911

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