Home Table of Contents

§ 10-918. Suits for recovery upon or under negotiable instruments

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 9. Miscellaneous Rules (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 10-918
§ 10-918. Suits for recovery upon or under negotiable instruments
Currentness
Recovery upon or under promissory notes, bills of exchange or lading
(a) Subject to subsections (b) and (c) of this section, a party who is otherwise entitled to sue and recover upon or under any promissory note, bill of exchange, bill of lading, warehouse or storage receipt, or other negotiable instrument, is not precluded from recovering by reason of the party's inability to produce the instrument in evidence at the trial or surrender the instrument to the defendant.
Absence of instrument
(b) The absence of an instrument described in subsection (a) of this section must be sufficiently accounted for under the rules of evidence to allow the introduction of secondary proof of the contents of the instrument at the trial.
Bond filed by plaintiff
(c)(1) A judgment may not be entered for the plaintiff in a suit described in subsection (a) of this section until a sufficient bond has been filed in the suit by the plaintiff.
(2) The bond shall provide for the penalty and surety approved by the court, and conditioned on holding the defendant harmless on satisfaction of the judgment by the defendant as if the missing instrument were then produced and surrendered to the defendant.

Credits

Added by Acts 1997, c. 31, § 1, eff. Oct. 1, 1997.
Formerly Art. 75, § 4.
MD Code, Courts and Judicial Proceedings, § 10-918, MD CTS & JUD PRO § 10-918
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document