President of the Farmers Bank v. Duvall
Court of Appeals of Maryland
Appeals from Prince George’s County court. These were actions of Assumpsit, instituted on the 21st of September 1829, by the appellants', against the appellee, as the first endorser of two promissory notes, made by one Lewis Duvall, negotiable at the hanking house of the plaintiffs, payable each 60 days after date for the several sums of $7857 and $750, and dated respectively, on the 9th of May, and 20th of June 1827. The general issue was pleaded.
Read the full summary
Appeals from Prince George’s County court. These were actions of Assumpsit, instituted on the 21st of September 1829, by the appellants', against the appellee, as the first endorser of two promissory notes, made by one Lewis Duvall, negotiable at the hanking house of the plaintiffs, payable each 60 days after date for the several sums of $7857 and $750, and dated respectively, on the 9th of May, and 20th of June 1827. The general issue was pleaded. In the case upon the note for $750, which is dated on the MOth June 1827, and which attained maturity on the 22d of the following August, it…
1Opinion of the CourtArcher, Judge
We shall examine the following questions which arise on the bill of exceptions taken by the plaintiff.
1. Is there evidence of a demand on the maker of the note ?
2. Was notice of dishonor of the note duly given to the defendant ?
The liability of Richard Duvall the endorser of the note, was a contingent liability dependent upon a demand of payment being made on the drawer, and upon a due notification to the endorser of the dishonor of the note. On the failure of either, no recovery can be had against the endorser.
The authorities, independent of the existence of any particular usage, where the…
2Cases cited2 opinions
- President of the Bank of Alexandria v. SwannSupreme Court of the United States · 1835
- Colson v. LewisSupreme Court of the United States · 1817
3Cited by7 opinions
- Sentman v. GambleCourt of Appeals of Maryland · 1888
- Nailor v. BowieCourt of Appeals of Maryland · 1852
- Atwell v. GrantCourt of Appeals of Maryland · 1857
- Robinson v. Lancaster Foundry Co.Court of Appeals of Maryland · 1927
- State v. Easton Social, Literary & Musical ClubCourt of Appeals of Maryland · 1890
2 more not listed; retrieve them via the Exa API.