Legal Opinion

Banks v. McCosker & Molloy

Court of Appeals of Maryland

Decided March 24, 1896PublishedCited by 37 opinions

Appeal in the case of Banks v. McCosker & Molloy, from the Circuit Court for Prince George’s County. Action by the appellees, endorsees of a promissory note, against the appellants as makers thereof.

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Appeal in the case of Banks v. McCosker & Molloy, from the Circuit Court for Prince George’s County. Action by the appellees, endorsees of a promissory note, against the appellants as makers thereof. The defendants eighth and ninth pleas were as follows: “ The defendants, for an eighth plea, say, that the said P. O’Brien obtained the note, or cause of action sued on in this case, in the course of an illegal sale of goods, wares and merchandise by him to them, he being then and there engaged in the business of peddling said goods, wares and merchandise' in Prince George’s County, State of…

1Opinion of the Court · RobertsRoberts, J.

This action was brought in the Circuit Court for Prince George’s County by the plaintiffs, now appellees, to recover from the defendants, now appellants, the amount of a promissory note for the sum of $12$, dated the 8th of May, 1894, which the appellees had, for value received, drawn payable four months after date to the order of P. O’Brien. Before the maturity of the note, the said O’Brien, for a valuable consideration, endorsed and delivered the same to the plaintiffs. The appellants pleaded in their defence, first, the non-existence of the alleged partnership; second, non assumpsit;…

Also in this document: Opinion of the Court · Roberts.

2Cases cited9 opinions

  1. Stewart v. LansingSupreme Court of the United States · 1882
  2. Totten v. BucyCourt of Appeals of Maryland · 1882
  3. Mandlebaum v. GregovichNevada Supreme Court · 1882
  4. Griffith v. ShipleyCourt of Appeals of Maryland · 1891
  5. County Commissioners v. GanttCourt of Appeals of Maryland · 1893

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3Cited by37 opinions

  1. Peregoy v. Western Maryland RailroadCourt of Appeals of Maryland · 1953
  2. Black v. Bank of WestminsterCourt of Appeals of Maryland · 1903
  3. Goldsmith v. Manufacturers' Liability InsuranceCourt of Appeals of Maryland · 1918
  4. McBriety v. PhillipsCourt of Appeals of Maryland · 1942
  5. Brown v. StateCourt of Appeals of Maryland · 1939

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