Armstrong v. Thruston

Bartol, J., delivered the opinion of this court. This is an action instituted by the appellee, as holder of a promissory note, against the appellant, as endorser. The defences set up were: first, that the handwriting of the defendant’s endorsement was not genuine; secondly, that there was no demand of payment upon the drawers; and lastly, that the notice to the endorser, Andrew Armstrong, was insufficient. ¹⁵⁶ In the course of the trial below, several questions of evidence arose, the decision of which forms the subject of the 1st, 2nd and 3rd bills of exceptions. We think that the objection of the appellant to the evidence stated in the 2nd bill of exceptions is not well taken.

That evidence was competent and proper to go to the jury. It was not only unnecessary, but would have been clearly inadmissible for the appellee to have introduced into the cause other handwritings of the defendant, for the purpose of showing that his handwriting had undergone such a change as was spoken of by the witness. And, for the same reason, we are of opinion that the Superior Court erred in admitting the evidence stated in the 1st and 3rd bills of exceptions. It is not competent for a party to introduce, at the trial, other papers irrelevant to the issues, for the purpose of enabling a witness, or the jury, to institute a comparison of handwriting.

This rule of law rests upon the soundest reasons. It is established by the English authorities, and has been approved and adopted in Maryland. See 8 Gill, 86 . Doe vs. Newton, 1 Nev. & Per., 1, and same case in 5 Ad. & El., 514.

Bromage vs. Rice, 32 Eng. C. L. Rep., 625. Griffits vs. Ivory, 39 Eng. C. L. Rep., 104. 1 Greenleaf's Evidence, secs. 580, 581. 2 Phil.

Ev., (Cowen & Hill's 3rd Ed., 1849,) 254, 255, 256, 257. The 4th bill of exceptions presents the questions of the sufficiency of the demand and notice proved in this cause. The law is well settled, by repeated adjudications in this State, that to entitle the plaintiff in such action to recover, he must aver and prove a demand upon the maker for payment of the note at its maturity, and his failure to pay, and also that notice of such demand and non-payment was given to the endorser. The responsibility of an endorser is contingent, it arises under the statute, and to fix it, the requirements of the statute must be complied with by the holder.

Graham vs. Sangston, 1 Md. Rep., 66 . 3 Md. Rep., 202 and 251. 6 Md. Rep., 5 . In this case, the only proof of the demand and notice is found in the