28 Md. 436 | Md. | 1868
delivered the opinion of this Court.
The Act of 1828, ch. 165, conferred upon the County Courts, the appointment of commissioners in each county, to take depositions of witnesses in civil causes. The second section directs that the depositions so taken, shall be returned by the commissioner to the clerk of the Court in which it shall be intended to use them, and if such clerk shall be any other than that by which he was appointed, there shall be annexed to his return, a certificate by the clerk, under the seal of the Court, that he is such commissioner. The obvious design of the law, was to provide an efficient and convenient mode for the taken of depositions. It not only provides for the appointment of commissioners in each county, but empowers them to take depositions in all causes, whether pending in the Courts of their respective counties, or in any other Court in the State. The power to act out of the county for which they are appointed is no where given, nor was it necessary to accomplish the manifest intention of the framers of the law.. Having conferred upon them the power to take depositions in their respective counties, in all causes pending
The plaintiff’s second prayer was properly refused. The law is firmly established, that the contract of the endorser is such, that notice of a demand and refusal is essential, to entitle the holder to recover. The mus is upon the plaintiff, who claims exemption from the operation of this general rule. In this State, a transfer of all the maker’s property to the endorser, to indemnify him against loss for his liability, exempts the holder from the necessity of proving or making a demand. Duvall vs. Farmers’ Bank of Maryland, 9 G. & J., 31. In delivering the opinion of the Court in that case, Judge Ajrchejj admitted that if it were a new question, it might admit of some discussion, unless shown to be sufficient to meet the liability of the endorser; but inasmuch as it had been decided in other States, the Court felt and recognized the importance of uniformity of the law in regard to commercial paper. An examination of the authorities referred to in that case, will
We also concur with the Court in granting the defendant’s sixth prayer. The gift to the wife was previous to the Act of 1853, and in order to exclude! the marital rights of the husband in the property, a clear intention in the donor, that it should be for the separate use of the wife, must appear. Carroll vs. Lee, Adm’r of Lee, 3 G. & J., 504. The check was the gift of the father to Mrs. .Hlginbotham, in view oí her marriage, but there is no evidence that at the time of the gift, the donor intended it should be for the sole and separate use of the daughter, nor is it so alleged in the bill of sale, the averment being merely that the furniture was purchased with the proceeds of the chock, advanced by the father. Technical words, it is true, are not necessary to create a separate estate in the wife, but adequate language! mast be used in making the gift, to manifest a decided intention to transfer a separate interest. Carroll vs. Lee, Adm’r of Lee, 3 G. & J., 504. Words, “for her use and benefit,” employed in making a gift or transfer of property, are not sufficient to convey a separate estate in the wife. Turton’s Ex’rs vs. Turton, 6 Md. Rep., 375. The evidence in the record before us, does not certainly present a stronger case. For these reasons the judgment must be affirmed.
Judgment affirmed.