474 ARTICLE 13

As between the maker and payee the burden of proof in general is upon the maker
to show a want of consideration or that the note was fraudulently obtained from him
or filled in by the payee; if the facts are, however, peculiarly within the control of
the plaintiff, and possibly under other exceptional circumstances, the burden will be on
the plaintiff. Shaffer v. Bond, 129 Md. 653.

This section referred to in construing secs. 14 and 138—see notes thereto. Jamesson v.
Citizens Bank, 130 Md. 84.

This section applied. Burke v. Smith, 111 Md. 627.

Negotiable Instruments Act abolished conclusive presumption of consideration for
sealed instrument otherwise negotiable. Prima facie presumption of value. This sec-
tion applied. See notes to sec. 25. Citizens' Natl. Bank v. Custis, 153 Md. 240. And
see Citizens' Natl. Bank v. Custis, 155 Md. 175.

An. Code, 1924, sec. 48. 1912, sec. 48. 1904, sec. 48. 1898, ch. 119.

48. An accommodation party is one who has signed the instrument
as maker, drawer, acceptor or indorser, without receiving value therefor,
and for the purpose of lending his name to some other person. Such a
person is liable on the instrument to a holder for value, notwithstanding
such holder at the time of taking the instrument knew him to be only
an accommodation party.

The last sentence of this section applied. Weant v. Southern Trust Co., 112 Md. 471.
Black v. Bank of Westminster, 96 Md. 417. See also Schwartz v. Wilmer, 90 Md. 141;
Robinson v. Foundry Co., 152 Md. 82; Crothers v. Nat. Bank, 158 Md. 592.

This section referred to in construing secs. 14 and 138-see notes thereto. Jamesson v.
Citizens Bank, 130 Md. 84, 87.

When money is advanced to corporation in which appellant is interested and in
part on her credit, there is sufficient consideration for her signing note as accommoda-
tion maker. Keiner v. Commerce Trust Co., 154 Md. 372.

An indorser of a note in the hands of a bank, for which receiver has been appointed,
not entitled to set off a deposit to his credit against his liability as indorser; im-
material whether the makers signed for accommodation of indorser, for makers are
primarily liable. Coffee Co. v. Page, Receiver, 161 Md. 503.

See notes to sec. 85.

See notes to art. 13, sec. 82, and art. 50, sec. 2.

CHAPTER IV.—Negotiation.

An. Code, 1924, sec. 49. 1912, sec. 49. 1904, sec. 49. 1898, ch. 119.

49. An instrument is negotiated when it is transferred from one per-
son to another in such manner as to constitute the transferee the holder
thereof.

If payable to bearer, it is negotiated by delivery; if payable to order,
it is negotiated by the indorsement of the holder completed by delivery.

Appellant deposited checks for collection in ignorance that depositary was insolvent,
and depositary deposited checks with appellee, who credited depositary and checks
were later paid. Appellant sued appellee—no recovery. Entry in bank book effective
only between appellant and depositary. Endorsement in blank. Blacher v. Natl. Bank
of Balto., 151 Md. 519.

Cited but not construed in Dean v. Eastern Shore Trust Co., 159 Md. 216.

See notes to art. 66, sec. 26.

An. Code, 1924, sec. 50. 1912, sec. 50. 1904, sec. 50. 1898, ch. 119.

50. The indorsement must be written on the instrument itself or upon
paper attached thereto. The signature of the indorser, without additional
words, is a sufficient indorsement.

This section referred to in passing upon the validity of an attestation to a will—see
notes to art. 93, sec. 336. Shane v. Wooley, "138 Md. 79.

See notes to sec. 49, and to art. 66, sec. 26. See art. 11, sec. 111.

An. Code, 1924, sec. 51. 1912, sec. 51. 1904, sec. 51. 1898, ch. 119.

51. The indorsement must be an indorsement of the entire instrument.
An indorsement which purports to transfer to the indorsee a part only of
the amount payable, or which purports to transfer the instrument to two