Legal Opinion

Davis v. West Saratoga Building Union, No. 3

Court of Appeals of Maryland

Decided March 8, 1870PublishedCited by 6 opinions

Appeal from the Court of Common Pleas. The appellant purchased from Henry Brocket', a broker, a promissory note, dated 21st of December, 1868, for $600, drawn by the appellee, payable, three months after date, to the order of William Heck, and by him endorsed. The note was signed by the officers of the appellee, who had before signed and issued notes which had been paid by the appellee, and it had been the habit for notes to be given in the same manner and paid at maturity.

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Appeal from the Court of Common Pleas. The appellant purchased from Henry Brocket', a broker, a promissory note, dated 21st of December, 1868, for $600, drawn by the appellee, payable, three months after date, to the order of William Heck, and by him endorsed. The note was signed by the officers of the appellee, who had before signed and issued notes which had been paid by the appellee, and it had been the habit for notes to be given in the same manner and paid at maturity. Heck had previously executed to the appellee a mortgage, and instead of receiving the money had taken its promissory…

1Opinion of the CourtStewart, J.

The note, upon which the appellee in this case was sued, purports to be a negotiable instrument, signed by certain persons, professing to be the officers of the West Saratoga Building Union, No. 3, and payable to Heck, who endorsed the same, and it is alleged was passed to the appellant, the plaintiff below, for a valuable consideration before maturity. There was proof tending to show that the parties who signed the instrument, were the president, treasurer and secretary of the corporation, and that they had before issued notes of the same sort, one of which the appellant had received, and…

2Cases cited1 opinion

  1. Wellersburg & West Newton Plank Road Co. v. YoungCourt of Appeals of Maryland · 1859

3Cited by6 opinions

  1. Greenfeld v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1947
  2. North Hudson Mutual Building & Loan Ass'n v. First National BankWisconsin Supreme Court · 1891
  3. Grommes v. SullivanCourt of Appeals for the Seventh Circuit · 1897
  4. Heironimus v. SweeneyCourt of Appeals of Maryland · 1896
  5. Woerheide v. JohnstonMissouri Court of Appeals · 1899

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