Merchants' Bank v. Bank of Commerce ex rel. Hoffman & Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This is an action, instituted by the appellee against the appellant, to recover damages resulting from the neglect to use due and proper diligence to collect a draft for $8,000, drawn by Hoffman & Co., on Josiah Lee & Co., bearing date the 29th of October, 1860, which the appellant had undertaken to collect for the appellee- Errors in pleading on both sides were waived, and it was agreed that the plaintiff or defendant might…
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Appeal from the Superior Court of Baltimore City. This is an action, instituted by the appellee against the appellant, to recover damages resulting from the neglect to use due and proper diligence to collect a draft for $8,000, drawn by Hoffman & Co., on Josiah Lee & Co., bearing date the 29th of October, 1860, which the appellant had undertaken to collect for the appellee- Errors in pleading on both sides were waived, and it was agreed that the plaintiff or defendant might respectively rely on any claim or defence to which the facts of the case might entitle them. Exception. — At the trial…
1Opinion of the CourtCochran, J.
The question as to the right of action, raised by the appellant’s 3d, 4th, 5th and 6th prayers, is the first to be considered.
The substantial proposition of these prayers is, that the appellant was relieved from liability for negligence in failing to collect tho draft on Lee & Co., by the subsequent, payment of it by Hoffman & Co., notwithstanding their liability upon it as drawers was extinguished by that negligence, and their payment made under a mistake of fact that legally entitles them to a return of the money! The-*52effect of this payment on the appellee’s right of action is, therefore,…
2Cases cited2 opinions
- Baltimore & Ohio Rail Road v. WorthingtonCourt of Appeals of Maryland · 1864
- Merryman v. State at the inst. of Harris ex rel. MurrayCourt of Appeals of Maryland · 1822
3Cited by4 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Baltimore & Ohio Railroad v. State ex rel. DoughertyCourt of Appeals of Maryland · 1872
- State Ex Rel. Robertson v. Johnson County BankCourt of Appeals of Tennessee · 1934
- Tyson v. TysonCourt of Appeals of Maryland · 1873