Ellicott v. Martin, Love & Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit, by the appellees against the appellants, as acceptors of a draft, drawn by Edwin Farrar, of Richmond, Ya., on them for $750, payable to the order of T. & R. Crouch, by whom it was endorsed. Plea, non assumpsit. Exception. The plaintiffs offered in evidence the draft and protest, which stated, the defendants in reply to demand of payment said: “No funds placed in hands of drawer, as promised.”
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Appeal from the Superior Court of Baltimore city. Assumpsit, by the appellees against the appellants, as acceptors of a draft, drawn by Edwin Farrar, of Richmond, Ya., on them for $750, payable to the order of T. & R. Crouch, by whom it was endorsed. Plea, non assumpsit. Exception. The plaintiffs offered in evidence the draft and protest, which stated, the defendants in reply to demand of payment said: “No funds placed in hands of drawer, as promised.” They then proved, that after the draft was placed in the hands of their counsel for collection, one of the defendants called on said counsel…
1Opinion of the CourtMason, J.
"Whether the action of the court below, in regard to its refusal to receive the defendants’ prayers, was in conformity with its rules upon the subject, and whether those rules were *515passed in Ibe due and proper exercise of the iegal functions of the court, are questions we need not decide on this appeal.
If all the defendants’ prayers had been duly submitted and considered by the court, they should not have been granted, upon the case as made by the proof.
This is an action against the acceptors of a bill of exchange, accepted for the accommodation of the drawer, and which by endorsement has…
2Cases cited4 opinions
- Scott v. LloydSupreme Court of the United States · 1835
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Renwick v. WilliamsCourt of Appeals of Maryland · 1852
- Watkinson v. CollinsCourt of Appeals of Maryland · 1683
3Cited by20 opinions
- Archer v. StateCourt of Appeals of Maryland · 1924
- Harris v. HipsleyCourt of Appeals of Maryland · 1914
- Tall v. Baltimore Steam Packet Co.Court of Appeals of Maryland · 1899
- Junkins v. SullivanCourt of Appeals of Maryland · 1909
- Lane v. KrekleSupreme Court of Iowa · 1867
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