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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 469   View pdf image (33K)
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BILLS OF EXCHANGE AND PROMISSORY NOTES 469

But nothing in this section shall validate any provision or stipula-
tion otherwise illegal.

While a clause in a note authorizing confession of judgment "at any time" destroys
its negotiability, contra if such clause only authorizes confession of judgment for such,
sums as are due on the note, that is to say, after maturity. Edelen v. First Nat. Bank,
139 Md. 424.

Note held non-negotiable; no endorsement of non-negotiable note. Accommodation
maker; not entitled to demand and notice. Extension of payment. Prayers. Nussear
v. Hazard, 148 Md. 352.

Cited but not construed in Crothers v. National Bank, 158 Md. 591.

See notes to sec. 25.

An. Code, 1924, sec. 25. 1912, sec. 25. 1904, sec. 25. 1898, ch. 119.

25. The validity and negotiable character of an instrument are not
affected by the fact that:

1. It is not dated; or

2. Does not specify the value given, or that any value has been given
therefor; or

3. Does not specify the place where it is drawn, or the place where it is
payable; or

4. Bears a seal; or

5. Designates a particular kind of current money in which payment is to
be made.

But nothing in this section shall alter or repeal any statute requiring in
certain cases the nature of the consideration to be stated in the instrument.

This section applied to a note under seal. Arnd v. Heckert, 108 Md. 302.

This section applied to writing under seal. See notes to sec. 47. Citizens' Natl.
Bank v. Custis, 153 Md. 238. And see Citizens' Natl. Bank v. Custis, 155 Md. 175;
Crothers v. Natl. Bank, 158 Md. 591.

Cited but not construed in Blacher v. Natl. Bank of Balto., 151 Md. 523.

An. Code, 1924, sec. 26. 1912, sec. 26. 1904, sec. 26. 1898, ch. 119.

26. An instrument is payable on demand:

1. Where it is expressed to be payable on demand, or at sight, or on
presentation; or

2. In which no time for payment is expressed.

Where an instrument is issued, accepted, or indorsed when overdue it
is, as regards the person so issuing, accepting, or indorsing it, payable on
demand.

An. Code, 1924, sec. 27. 1912, sec. 27. 1904, sec. 27. 1898, ch. 119.

27. The instrument is payable to order where it is drawn payable to
the order of a specified person, or to him or his order. It may be drawn
payable to the order of:

1. A payee who is not maker, drawer or drawee; or

2. The drawer or maker; or

3. The drawee; or

4. Two or more payees jointly; or

5. One or some of several payees; or

6. The holder of an office for the time being.

When the instrument is payable to order, the payee must be named or
otherwise indicated therein with reasonable certainty.

The portion of this section providing that a note may be payable to the order
of the maker, referred to in overruling the contention that in order for a man to
be a holder in due course, "there must be two transactions, one between the maker
and payee and the other between the payee and the plaintiff." Dolph v. Stubblefield.
135 Md. 157.

Cited in construing Art. 11, Sec. 102. People's Bank v. Turner, 169 Md. 433.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 469   View pdf image (33K)
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