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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 464   View pdf image (33K)
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464 ARTICLE 13

This section does not alter the law in regard to the necessity of notice, or the
character of the notice. Graham v. Sangston, 1 Md. 66.

A check is an inland bill of exchange, and therefore protestable under this section
and sec. 6. Hawthorn v. State, 56 Md. 534. See also Moses v. Franklin Bank, 34 Md. 579.
When protest is prima facie evidence that notices of non-payment were sent endorsers;
evidence to supply deficiency. Certificate of protest sufficient. Wolf v. Union Trust
Co., 150 Md. 388.

See notes to sec. 6; also sec. 171, et seq.

As to the power of notaries public to take protests, see art. 68, sec. 4.

An. Code, 1924, sec. 8. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1825, ch. 35.

. 8. No judgment of any court of this State rendered in any suit on a
bill of exchange, promissory note or other negotiable instrument, shall be
reversed, or in any way set aside, on appeal or writ of error, because the
endorsements thereon may be in blank, but such judgment shall be as good
and valid as if. such endorsements were properly filled up.

While this section protects a holder with a blank endorsement, it does not extend
to one who is neither the holder nor owner. Whiteford v. Burckmyer, 1 Gill, 147.

This section applied; there must, however, be no mala fides. Elliott v. Chestnut,
30 Md. 565; Dunham v. Clogg, 30 Md. 292; Sumwalt v. Ridgeley, 20 Md. 114; Kunkel
v. Spooner, 9 Md. 475. And see Shriner v. Lainborn, 12 Md. 174; Bell v. Hagerstown
Bank, 7 Gill, 233; Mitchell v. Mitchell, 11 G. & J. 391; Sullivan v. Violett, 6 Gill, 185.

Legal Holidays.

An. Code, 1924, sec. 9. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1882, ch. 23. 1890, ch. 238.

1904, ch. 1. 1908, ch. 181. 1910, ch. 27 (p. 32). 1916, ch. 633. 1927, ch. 239.

1936 (Special Sess.), ch. 2. 1939, ch. 42.

9. The following days in each and every year, namely, the first day
of January, commonly called "New Year's Day"; the 22nd of February,
known as "Washington's Birthday"; the 25th day of March, known as
"Maryland Day"; "Good Friday"; the first Monday in September, com-
monly called "Labor Day" ; the 30th day of May, commonly called,"Decora-
tion Day"; the 4th day of July, called "Independence Day"; the 12th
day of September, known as "Defenders' Day"; the 12th day of October,
known as "Columbus Day"; the llth day of November, known as "Armis-
tice Day"; the 25th day of December, called "Christmas Day"; and all
days of general and congressional elections throughout the State and all
special days that may be appointed or recommended by the Governor of
this State, or the President of the United States, as days of thanksgiving
or fasting and prayer, or other religious observance or for the general
cessation of business, shall be regarded as legal holidays, and shall be duly
observed as such, and shall for all purposes whatsoever as regards the
presenting for payment or acceptance and of the protesting and giving
notice of dishonor of bills of exchange, bank checks, drafts and promissory
notes, to be treated and considered as the first day of the week, commonly
called Sunday, and all such bills, drafts, checks and notes presented for
payment or acceptance on these said days, shall be deemed to be presented
for acceptance or payment on the secular or business day next succeeding
such holiday. The Governor of this State shall have the power by procla-
mation to appoint a day or days for the general cessation of business in
any one or more of the political sub-divisions of the State, in case of
emergency from fire, flood or otherwise, with the same legal consequences
as hereinabove provided.

This section referred to in construing art. 5, sec. 36—see notes thereto. Winkel v.
Geiger, 154 Md. 674.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 464   View pdf image (33K)
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