Citizens Bank v. John A. Howell & Bros.
Court of Appeals of Maryland
Appeal from the Court of Common Pleas for Baltimore city. Asswmpsit by the appellees against the appellant to recover the amount of a promissory note for $122.11, at sixty days, dated the 25th of March 1851, drawn by Wesley P. Walter in favor of Edmond T. H. Walter, the payee, who endorsed it to the plaintiffs, who deposited it with the defendant, the bank, for collection, and the amount of which, the declaration alleges, was lost to the plaintiffs by the neglect of the…
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Appeal from the Court of Common Pleas for Baltimore city. Asswmpsit by the appellees against the appellant to recover the amount of a promissory note for $122.11, at sixty days, dated the 25th of March 1851, drawn by Wesley P. Walter in favor of Edmond T. H. Walter, the payee, who endorsed it to the plaintiffs, who deposited it with the defendant, the bank, for collection, and the amount of which, the declaration alleges, was lost to the plaintiffs by the neglect of the notary public employed by the bank, in not properly notifying the endorser of the dishonor of the note by the maker. Plea,…
1Opinion of the CourtEccleston, J.
The counsel for the appellant insist, that the record presents for our consideration, not only the inquiry whether the court was right in the instructions given to the jury, but also, whether there was not error in refusing to grant the prayers of the appellant; whilst the appellees contend that no exception was taken to the rejection of the prayers but only to the instructions by the court. We are inclined to think the latter is the correct view, but the point need not be decided, because, confining ourselves to the instructions, we find such error in them as to require a reversal of the…
2Cases cited5 opinions
- East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
- Bellemire v. Bank of United StatesSupreme Court of Pennsylvania · 1839
- Jackson v. Union BankCourt of Appeals of Maryland · 1823
- Bellemire v. Bank of United States, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Pawson's Adm'rs v. DonnellCourt of Appeals of Maryland · 1829
3Cited by14 opinions
- Guelich v. National State BankSupreme Court of Iowa · 1881
- Simpson v. WaldbyMichigan Supreme Court · 1886
- Stacy v. Dane County BankWisconsin Supreme Court · 1860
- First National Bank v. SpragueNebraska Supreme Court · 1892
- Power v. First Nat. BankMontana Supreme Court · 1887
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