Gist v. Drakely
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of trespass on the case, brought on the 26th August 1842, by the appellee, against William Gist, the intestate of the appellants, who died pending the action. The plaintiff declared, 1st. Upon the instruments given in evidence, as negotiable note?', endorsed, failure to pay, and notice, &c. 2nd. Upon the common counts. 3rd.
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Appeal from Baltimore County Court. This was an action of trespass on the case, brought on the 26th August 1842, by the appellee, against William Gist, the intestate of the appellants, who died pending the action. The plaintiff declared, 1st. Upon the instruments given in evidence, as negotiable note?', endorsed, failure to pay, and notice, &c. 2nd. Upon the common counts. 3rd. Upon the notes of the Eutaw Company, given in evidence, assigned by David Keener, for value to the plaintiff. And whereas also, heretofore, to wit, on the first day of Juno, in the year of our Lord, eighteen hundred…
1Opinion of the CourtMagruder, J.
The Eutaw Company, by two instruments, to which its corporate seal was affixed, promised to pay “to the order of David Keener,” the sum of money expressed in each of them. *340On the back of these instruments, David Keener first, and afterwards Gist, (the original defendant in the court below,) wrote each of them his name. Before offering these sealed instruments in evidence, the blank that was left over their names, was filled up with these words. “For value received. We jointly and severally, promise David Drakely, to pay him the amount of the within writing obligatory, should the Eutaw…
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