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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 369   View pdf image (33K)
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BILLS OF EXCHANGE AND PROMISSORY NOTES. 369

An. Code, sec. 36. 1904, sec. 36. 1898, ch. 119.

36. Where the language of the instrument is ambiguous, or there
are omissions therein, the following rules of construction apply:

1. Where the sum payable is expressed in words and also in figures, and
there is a discrepancy between the two, the siim denoted by the words is
the sum payable; but if the words are ambiguous or uncertain, references
may be had to the figures to fix the amount;

2. Where the instrument provides for the payment of interest, without
specifying the date from which interest is to run, the interest runs from
the date of the instrument, and if the instrument is undated, from the issue
thereof;

3. Where the instrument is not dated, it will be considered to be dated
as of the time it was issued;

4. Where there is a conflict between the written and printed provisions
of the instrument, the written provisions prevail;

5. Where, the instrument is so ambiguous that there is doubt whether
it is a bill or note, the holder may treat it as either, at his election;

6. Where a signature is so placed upon the instrument that it is not
clear in what capacity the person making the same intended to sign, he is
to be deemed an endorser;

7. Where an instrument containing the words, " I promise to pay,"
is signed by two or more persons, they are deemed to be jointly and severally
liable thereon.

An. Code, sec. 37. 1904, sec. 37. 1898, ch. 119.

37. No person is liable on the instrument whose signature does not
appear thereon, except as herein otherwise expressly provided. But one
who signs in a trade or assumed name will be liable to the same extent as
if he had signed in his own name.

An. Code, sec. 38. 1904, sec. 38. 1898, ch. 119.

38. The signature of any party may be made by a duly authorized
agent. No particular form of appointment is necessary for this purpose;
and the authority of the agent may be established as in other cases of
agency.

Evidence of the authority of an attorney to endorse and collect a check, held
not conclusive, but properly submitted to the jury. Power to an agent to execute
or endorse commercial paper is strictly limited and will never be lightly inferred;
proof of agency. Building Association v. Fisher, 140 Md. 670.

An. Code, sec. 39. 1904, sec. 39. 1898, ch. 119.

39. Where the instrument contains, or a person adds to his signature,
words indicating that he signs for or on behalf of a principal, or in a repre-
sentative capacity, he is not liable on the instrument if he was duly author-
ized; but the mere addition of words describing him as an agent, or as
filling a representative character, without disclosing his principal, does not
exempt him from personal liability.

Where an officer of a corporation signs his name to a note after the name of the
corporation without any qualification or the addition of his official title, he is

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 369   View pdf image (33K)
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