Legal Opinion

Annan v. Houck

Court of Appeals of Maryland

Decided December 15, 1846PublishedCited by 13 opinions

Appeal from Frederick county court. This was an action of assumpsit, commenced on the 10th October 1843, by Ezra Houck against Robert Annan.

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Appeal from Frederick county court. This was an action of assumpsit, commenced on the 10th October 1843, by Ezra Houck against Robert Annan. The plaintiff declared: 1st. “That whereas the said defendant, on the 30th September 1842, at, &c., made his certain promissory note in writing, bearing date the day and year aforesaid, by which said note the said defendant, six months after date, promised to pay Z. Jodon, or order, $271.62, with interest from date, for value received, and alleged its delivery to the payee, and endorsement by him to Ezra Houck, &c. 2nd. For so much money, by the…

1Opinion of the CourtMagruder, J.

A promissory note, executed by the plaintiff in error, to one Zachariah Jodon, or order, bearing date 13th September 1842, and payable six months after date, is the cause of action in this case.

It is not pretended that to this claim any defence can be offered, unless the matters set forth in the second and third pleas furnish such defence. Those pleas state, that the endorsement of said note, was made after it became due, to wit, on the 10th day of April 1843, and that Jodon, the endorser, before the commencement of this suit, and before the endorsement, to wit, on the day last mentioned, was…

2Cases cited2 opinions

  1. Kemp's Ex'x. v. M'PhersonCourt of Appeals of Maryland · 1826
  2. Baltimore Insurance Co. v. M'FadonCourt of Appeals of Maryland · 1815

3Cited by13 opinions

  1. Dixon v. ClayvilleCourt of Appeals of Maryland · 1876
  2. McSherry v. BrooksCourt of Appeals of Maryland · 1877
  3. Clarke v. DederickCourt of Appeals of Maryland · 1869
  4. Renwick v. WilliamsCourt of Appeals of Maryland · 1852
  5. Cohen v. KarpCourt of Appeals of Maryland · 1923

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