President of the People's Bank v. Brooke
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County. This was an action of assumpsit, instituted by the appellants against the appellee, to recover the sum of twenty-four hundred dollars on a promissory note, dated Upper Marlborough, February 16th, 1861, drawn by Hall & Anderson, payable four months after date to the order of C. S. Keech and R. D. Hall for value received, at the People’s Bank of Baltimore, and by them endorsed to J. Townsend & Co., who endorsed it to…
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Appeal from the Circuit Court for Prince George’s County. This was an action of assumpsit, instituted by the appellants against the appellee, to recover the sum of twenty-four hundred dollars on a promissory note, dated Upper Marlborough, February 16th, 1861, drawn by Hall & Anderson, payable four months after date to the order of C. S. Keech and R. D. Hall for value received, at the People’s Bank of Baltimore, and by them endorsed to J. Townsend & Co., who endorsed it to the appellee, by whom it was endorsed to the appellants, the holders thereof. The only plea was non assumpsit. First…
1Opinion of the CourtStewakt, J.
The single inquiry presented by the two exceptions, in this case, is as to the sufficiency of the proof furnished by the notarial protest, to fasten liability upon the appellee as the endorser for the payment of the note, upon which this suit was instituted.
The protest of the notary was the only evidence relied upon by the appellant to establish due demand of payment *10of the note; its dishonor by the maker, and legal notice given to the appellee or the endorsee.
That amounts to just as much proof as would have been the testimony of the notary, or any other credible witness, if he had been…
2Cited by6 opinions
- Nelson v. GrondahlNorth Dakota Supreme Court · 1904
- Wolf v. Union Trust Co.Court of Appeals of Maryland · 1926
- Brown v. JonesIndiana Supreme Court · 1887
- Robinson v. Lancaster Foundry Co.Court of Appeals of Maryland · 1927
- Howard Bank v. CarsonCourt of Appeals of Maryland · 1878
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