Legal Opinion

Frederick-Town Savings Institution v. Michael

Court of Appeals of Maryland

Decided June 19, 1895PublishedCited by 8 opinions

Appeal from a pro forma judgment of the Circuit Court for Frederick County. This was an action of assumpsit by the appellant against the appellee and Wm. Wilcoxon, surviving makers of the following promissory note: “ Frederick, Md., Aug. 4, ’92. Six months after date, we jointly and severally promise to pay to the order of the Frederick-Town Savings Institution, five thousand dollars, for value received, negotiable and payable at the Frederick-Town Savings Institution.”

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Appeal from a pro forma judgment of the Circuit Court for Frederick County. This was an action of assumpsit by the appellant against the appellee and Wm. Wilcoxon, surviving makers of the following promissory note: “ Frederick, Md., Aug. 4, ’92. Six months after date, we jointly and severally promise to pay to the order of the Frederick-Town Savings Institution, five thousand dollars, for value received, negotiable and payable at the Frederick-Town Savings Institution.” (Signed), Wm. Wilcoxon, Andrew J. Wilcoxon, Jno. L. Michael. The defendant, Michael, filed the general issue plea and a…

1Opinion of the Court

Roberts, J.,

delivered the opinion of the Court.'’

The record of this appeal contains three exceptions, two of which relate to the admissibility of the proof offered, and one to the rulings of the Court below in rejecting the prayers of the plaintiff, and granting that of the defendant. The questions are interesting and important, not only on account of the large sum involved, as of the principles of law invoked, and which we are now called upon to consider and apply. This is an action brought upon a promissory note in the Circuit Court for Frederick County. The note sued upon is as follows:

$5,0…

2Cases cited5 opinions

  1. Markle v. HatfieldNew York Supreme Court · 1807
  2. Eagle Bank of New-Haven v. SmithSupreme Court of Connecticut · 1823
  3. Major v. HolmesMassachusetts Supreme Judicial Court · 1878
  4. Goodrich v. TracySupreme Court of Vermont · 1871
  5. Allers v. ForbesCourt of Appeals of Maryland · 1883

3Cited by8 opinions

  1. Simmons v. HanneSupreme Court of Florida · 1905
  2. Hartman v. ThompsonCourt of Appeals of Maryland · 1906
  3. Hand v. Manufacturers & Traders Trust Co.Court of Appeals of Maryland · 2008
  4. Farmers & Merchants National Bank v. HarperCourt of Appeals of Maryland · 1926
  5. Fox v. StateCourt of Appeals of Maryland · 1899

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