54 Md. 82 | Md. | 1880
delivered the opinion of the Court.
The appellee is sued by the appellant as joint maker, with Rowland R. Hayward, of the following promissory note:
*85 “$200.00. Baltimore Comity, February 16th, 1876.
“ Six months after date I promise to pay to the order of David Owings the sum of two hundred dollars at-with interest.
“Rowland R. Hayward.”
This note was endorsed in blank by Prudence S. O. Baker, the appellee, and the effort of the appellant, Owings, the payee in the note, is to hold her to the obligation of a joint maker or original promisor. The case was tried before the Court without the intervention of a jury. There was no exception to the admissibility of evidence, and with the findings of the Court upon questions of fact, we have nothing to do. Our duty is simply to review the single question of law presented by the rulings rejecting the two instructions asked by the plaintiff, and granting the one asked by the defendant. The prayers of the plaintiff assert, in effect, the proposition that upon the finding of certain facts therein stated, the law fastened the responsibility of a joint maker upon the defendant. On the other hand the defendant’s prayer presents substantially the proposition, that if the Court found from the evidence in the cause, that it was the understanding and agreement of all the parties to the note when Mrs. Baker put her name upon the back of it, that she should occupy the position, and be held to the liability of endorser, then her promise and undertaking was not an original, but a collateral one, and she is not responsible as joint maker. If this instruction be correct, it follows of necessity there was no error in the rejection of the plaintiff’s prayers; and that it is correct, there would seem to be no doubt in view of the decision of this Court in the case of Ives vs. Bosley, 35 Md., 262.
In that case the Court say the facts stated, established by conclusion of law the responsibility of Ives as a joint maker or original promisor, but they further distinctly
Judgment affirmed.