Reier v. Strauss
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The appellees brought this action against the appellant as the indorser of a promissory note held by them. The defendant pleaded “ never indebted ” and “ did not promise as alleged,” and for a third plea, “ that he has not had and received due legal notice of the demand and nonpayment of the promissory note mentioned in the declaration of the said plaintiffs.” Upon these pleas issue was joined.
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Appeal from the Circuit Court for Baltimore County. The appellees brought this action against the appellant as the indorser of a promissory note held by them. The defendant pleaded “ never indebted ” and “ did not promise as alleged,” and for a third plea, “ that he has not had and received due legal notice of the demand and nonpayment of the promissory note mentioned in the declaration of the said plaintiffs.” Upon these pleas issue was joined. The cause was tried below before the Court, (Grason and Yellott, J.,) without the intervention of a jury. The verdict and judgment being in favor of…
1Opinion of the CourtBowie, J.
Two questions of commercial law, of frequent occurrence, and much practical importance to the public, are presented by this record.
The first, is the extent to which the certificate of a Notary Public is admissible as prima facie evidence, in *285actions upon domestic bills and promissory notes, between the holder and endorsers.
The second, in what cases notice of presentment, and demand and non-payment, through the post office to the endorser is sufficient notice in law.
The appellant is the endorser of a promissory note, dated Baltimore, February 4th, 1880, executed by F. & J. Everett, for the sum…
2Cases cited7 opinions
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Walters v. BrownCourt of Appeals of Maryland · 1860
- Sasscer v. WhitelyCourt of Appeals of Maryland · 1856
- Baker v. Morris & LawNew York Supreme Court · 1857
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3Cited by2 opinions
- Hobbs v. BatoryCourt of Appeals of Maryland · 1897
- Wolf v. Union Trust Co.Court of Appeals of Maryland · 1926