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FITHIAN v. JAMAR

[No. 24, September Term, 1978.]

286 Md. 161 (1979)

410 A.2d 569

WALTER WILLIAM H. FITHIAN ET UX. v. RICHARD F. JAMAR ET UX.

Court of Appeals of Maryland.

Motion for reconsideration and clarification filed on July 18, 1979.

Granted October 8, 1979.

Opinion of June 18, 1979.

Attorney(s) appearing for the Case

David M. Williams for appellants.

C. Daniel Saunders for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH and COLE, JJ.

Opinion of June 18, 1979. withdrawn and new opinion filed.

COLE, J., delivered the opinion of the Court.

The dispute in this case involves the rights and liabilities of co-makers of a note in a suit among themselves, where none of the disputants is a holder of the note. We granted certiorari to consider two questions, which simply stated are:

1. Whether a co-maker of a note was also an accommodation maker of the note and thus not liable to the party...

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