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LAWS OF MARYLAND

[Ch. 49

(B)   ACTION AGAINST OBLIGEE.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, IF THE ASSIGNEE CANNOT RECOVER THE DEBT FROM THE
OBLIGOR BECAUSE THE OBLIGOR IS UNABLE TO PAY IT OR CANNOT
BE FOUND, OR FOR ANY OTHER REASON, THE ASSIGNEE MAY
MAINTAIN AN ACTION AGAINST THE OBLIGEE, UNLESS THE
ASSIGNEE IS A SURETY IN THE BOND OR OTHER OBLIGATION.

(C)   EXCEPTION.

IF BECAUSE OF THE NEGLIGENCE OR DEFAULT OF THE
ASSIGNEE, HE CANNOT RECOVER THE DEBT FROM THE OBLIGOR,
THE ASSIGNEE MAY NOT MAINTAIN AN ACTION AGAINST THE
OBLIGEE.

(D)   CERTIFICATION OF AMOUNT DUE.

AN ACTION MAY NOT BE MAINTAINED BY THE ASSIGNEE
AGAINST THE OBLIGOR UNLESS THE OBLIGEE CERTIFIES BEFORE A
NOTARY PUBLIC, IN WRITING ON THE BOND OR OTHER
OBLIGATION, THAT AT THE TIME OF THE ASSIGNMENT THE
OBLIGOR STILL OWED THE AMOUNT FOR WHICH THE ACTION IS
FILED.

REVISOR'S NOTE: This section presently appears as
Art. 8, §§ 4 and 5. These sections are
consolidated because they deal with the same
subject matter, namely an action by an
assignee on an obligation under seal.

Subsection (a) of this section restates the
first provisions of §4. It is modified to
emphasize the significance of the obligee's
signature and seal on the assigned bond or
other obligation. If the assignment of an
obligation under seal is not executed under
the obligee's signature and seal, the latter
cannot be sued. See Dickey v. Pocomoke City
National Bank, 89 Md. 280 (1899) and Jackson
v. Myers, 43 Md. 452 (1876).

In subsection (b) of this section the words
"for any other reason" are substituted for
"if...any other thing or casualty should
happen." The substitution is broad enough to
embrace all "happenings" relative to a bond or
other obligation under seal and, presumably,
parties to it.

The only other changes are in style.

SUBTITLE 5. ASSIGNMENT OF CLAIMS TO NONRESIDENTS.