Baltimore Trust Co. v. Stanton

(dissenting) : I am of opinion that the motion of the plaintiff for a directed verdict in its favor should have been granted, and, therefore, dissent from the affirmance of the judgment, indicated in the opinion of the Chief Justice, for the reasons which follow.

This is an action upon a negotiable promissory note, ex-acuted by. the defendant on November 7, 1921, for $7,500, payable January 7, 1922, to the Bank of Clio, with 8 per cent, interest after maturity and 10 per cent, attorneys’ fees. The plaintiff claims to have acquired the note from the Bank of Clio as a holder in due course.

The…