Eichelberger v. Finley
Court of Appeals of Maryland
Appeal from Baltimore. Comity Court. This was an action of assumpsit, brought by the appellees against the appellant and W. Eiehelberger, (who was returned non est,) for work and labour, goods, wares and merchandise, for money lent and advanced, and paid, laid out and expended', and on an insimul computassent. The general issue was pleaded.
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Appeal from Baltimore. Comity Court. This was an action of assumpsit, brought by the appellees against the appellant and W. Eiehelberger, (who was returned non est,) for work and labour, goods, wares and merchandise, for money lent and advanced, and paid, laid out and expended', and on an insimul computassent. The general issue was pleaded. The plaintiffs at ■ the trial offered to read in evidence the two following checks, drawn by the defendants — “No. 613. Baltimore, March 26th 1819. . Cashier of the Commercial and Farmers’ Bank. Pay to M. E. or bearer, fourteen hundred and fifty dollars.…
1Opinion of the CourtDorsey, J.
Were the .appellees, under all the circumstances of this case, bound to use reasonable diligence in demanding payment, and in giving notice to the defendant of the dishonour of his checks, are the only* questions submitted to the consideration of the court. It is not pretended that a failure to do so has subjected him to loss or inconvenience.
“The reason,” (says Chitty, in his Treatise on Bills of Exchange,) “why the law requires the holder to give due notice of nonacceptance by the drawee is, that the anterior parties to the bill may respectively take the necessary measures to obtain payment…
2Cases cited1 opinion
- United States v. NourseU.S. Circuit Court for the District of District of Columbia · 1831
3Cited by5 opinions
- Oakland Bank of Sav. v. WilcoxCalifornia Supreme Court · 1882
- Grant v. MacNuttNew York Court of Common Pleas · 1895
- Norris v. DespardCourt of Appeals of Maryland · 1873
- Schuchardt v. HallCourt of Appeals of Maryland · 1872
- Foster v. SwaseyU.S. Circuit Court for the District of Massachusetts · 1847