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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 377   View pdf image (33K)
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BILLS OF EXCHANGE AND PROMISSORY NOTES. 377

sentment, the instrument will be accepted or paid, or both, according to
its tenor, and that if it be dishonored, and the necessary proceedings on
dishonor be duly taken, he will pay the amount thereof to the holder, or
to any subsequent indorser who may be compelled to pay it. But the drawer
may insert in the instrument an express stipulation negativing or limiting
his own liability to the holder.

An. Code, sec. 81. 1904, sec. 81. 1898, ch. 119.

81. The acceptor, by accepting the instrument, engages that he will
pay it according to the tenor of his acceptance; and admits:

1. The existence of the drawer, the genuineness of his signature, and
his capacity and authority to draw the instrument; and

2. The existence of the payee and his then capacity to indorse.

An. Code, sec. 82. 1904, sec. 82. 1898, ch. 119.

82. A person placing his signature upon an instrument otherwise than
as maker, drawer, or acceptor is deemed to be an indorser, unless he clearly
indicates by appropriate words his intention to be bound in some other
capacity.

This section is to be taken in its literal sense; the status of the person described
in this section is absolutely fixed by it and cannot be changed by parol proof.
Lightner v. Roach, 126 Md. 476.

This section converts the liability of a person placing his name on the back of
a negotiable paper from a primary to a secondary one, i. e., the liability is no longer
joint but several. See notes to art. 50, sec. 2. Bradley v. Pood Products Co., 139
Md. 388. And see Leonard v. Union Trust Co., 140 Md. 201.

An. Code, sec. 83. 1904, sec. 83. 1898, ch. 119.

83. Where a person not otherwise a party to an instrument, places
thereon his signature in blank before the delivery, he is liable as endorser
in accordance with the following rules:

1. If the instrument is payable to the order of a third person, he is
liable to the payee and to all subsequent parties.

2. If the instrument is payable to the order of the maker or drawer,
or is payable to bearer, he is liable to all parties subsequent to the maker
or drawer.

.3. If he signs for the accommodation of the payee, he is liable to all
parties subsequent to the payee.

The negotiability of a note payable to " myself " is recognized by this section; no
suggestion of fraud. Edelen v. First Nat. Bank, 139 Md. 423.

An. Code, sec. 84. 1904, sec. 84. 1898, ch. 119.

84. Every person negotiating an instrument by delivery or by a quali-
fied indorsement, warrants:

1. That the instrument is genuine and in all respects what it pur-
ports to be;

2. That he has a good title to it;

3. That all prior parties had capacity to contract;

4. That he has no knowledge of any fact which would impair the validity
of the instrument or render it valueless.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 377   View pdf image (33K)
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