Farmers & Mechanics Bank v. Allen
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. Action brought, August 3rd, 1858, by the appellants, as holders, against the appellee, as endorser, of a promissory note, for $300y-dated December 8th, 1857, drawn by Jesse Hollingsworth, payable at four months, to the order of the defendant, and by him endorsed. Plea, no promise as alleged.
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Appeal from the Circuit Court for Carroll County. Action brought, August 3rd, 1858, by the appellants, as holders, against the appellee, as endorser, of a promissory note, for $300y-dated December 8th, 1857, drawn by Jesse Hollingsworth, payable at four months, to the order of the defendant, and by him endorsed. Plea, no promise as alleged. Exception: The plaintiff offered in evidence the note sued on, the handwritings of the drawer and endorser being admitted, and further to maintain the issue joined, offered in evidence the protest of the note, which states that presentment and dein and of…
1Opinion of the CourtBartol, J.
This is a suit to recover from the appellee, as endorser of a promissory note. To fix his liability, demand on the draper, and non-payment, and notice to the defendant, of those facts, were necessary to be proved.
The plaintiff, to support the action, after offering the note, the handwriting of the drawer and endorser being admitted, proceeded to offer in evidence the protest of the notary, containing, after setting out a demand, and non-payment, the statement, that “on the same day he (the notary) made out written notices of protest, for,” &c., “and put them in the post office,” &c.
On motion…
2Cited by7 opinions
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- Cooke v. EnglandCourt of Appeals of Maryland · 1867
- Samuel v. NovakCourt of Appeals of Maryland · 1904
- Robinson v. Lancaster Foundry Co.Court of Appeals of Maryland · 1927
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