HAND v. MANUFACTURERS TRUST

No. 109 September Term, 2007.

952 A.2d 240 (2008)

405 Md. 375

Patrick T. HAND, Successor Guardian of the Property of Clifton D. Smith v. MANUFACTURERS & TRADERS TRUST CO., et al.

Court of Appeals of Maryland.

July 24, 2008.


Attorney(s) appearing for the Case

George E. Meng (Meng & Alpert, LLC, Upper Marlboro), on brief, for Petitioner.

Matthew J. MacLean (Anne E. Langford of Pillsbury, Winthrop, Shaw, Pittman, LLP, Washington, DC), on brief, for Respondents.

ARGUED BEFORE BELL, C.J., RAKER, HARRELL, BATTAGLIA, GREENE, MURPHY, and DALE R. CATHELL, (retired, specially assigned), JJ.


DALE R. CATHELL, Judge (retired, specially assigned).

Patrick T. Hand, Successor Guardian of the Property of Clifton D. Smith, petitioner, presents two questions as follows:1

I. WHERE CLAIM IS AGAINST A GUARDIAN, DOES THE DEFENSE OF LACK OF LEGAL CAPACITY TO THE CLAIM OF A HOLDER IN DUE COURSE, AS SET OUT IN COMMERCIAL LAW ARTICLE, § 3-305(a)(1)(ii), RELATE ONLY TO AN INDIVIDUAL...

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