Walters v. Munroe

Goldsborough, J., delivered the opinion of this court: This was an action instituted in the circuit court for Prince George’s county, by the appellants against the appellee, as endorser on two promissory notes, one for $352.96, dated the 15th of September 1857, payable sixty days after date, and the other for $356.53, dated the 29th of May 1857, payable six months after date. The appellee pleaded that he did not promise as alleged, and issue was joined on this plea. At the instance of the parties, a commission to take testimony was issued to two commissioners in Alexandria, Va., who executed the same, and returned their commission and testimony taken by them to the circuit court for Prince George’s county. At the trial of the cause, the appellants, to maintain the issues on their part, proved that they constituted the firm of ¹⁵³ William T. Walters & Go.; they further proved that when the said notes sued on became due and payable, the same were properly presented for payment, and being unpaid, due and proper notice of demand and non-payment was given to the appellee.

The appellants then proved that the signatures of George W. Harrison to said notes are in his proper handwriting, and that the signatures of Munroe, on the back of said notes, are also in the handwriting of said Harrison. The appellants then offered in evidence the proof taker, under the commission, except the testimony of Jamas M. Benton, to whom, as a competent witness, they excepted. The appellants then proved that the appellee had stated, on frequent occasions, and once on