67 Md. 454 | Md. | 1887
after stating the case, delivered the opinion of the Court.
The controversy in this case lies within a very narrow compass. The question simply is whether certain transactions in regard to a promissory note amounted to a payment, or an assignment of it. The note was for five hundred dollars, dated September 5th, 1882, and payable two years after date with interest after the expiration of one year. It was made by Anna L. Shaw payable to the order of Thomas Weaver, and was one of a number secured by a deed of trust to Chapin and Werden of even date, executed by Mrs. Shaw and her husband. The payee of the note died before it became due. After his death Robert D. Weaver, his executor, placed the note in the Central Rational Bank of Washington, D. C., for collection. On the nineteenth day of January, 1885, more than four months after maturity, Kennedy sent to the Bank his check and received from it this note. The check was in these terms: “Riggs & Co., pay to order Central R.
Order affirmed, and cause remanded.