Ecker v. McAllister
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. This suit was instituted by the appellee against the appellant to recover a sum of money due by Jacob S. Bohn, which, it was alleged, the appellant promised- to pay, in consideration that the appellee would forbear to institute proceedings against the said Bohn.
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Appeal from the Circuit Court for Frederick County. This suit was instituted by the appellee against the appellant to recover a sum of money due by Jacob S. Bohn, which, it was alleged, the appellant promised- to pay, in consideration that the appellee would forbear to institute proceedings against the said Bohn. The ñarr. alleged that Jacob S. Bohn was indebted to the plaintiff, for money payable by the said Jacob to the plaintiff, for money found to he due from the said Jacob to the plaintiff on accounts stated between them and the same was well known to the defendant; and the said Jacob…
1Opinion of the CourtGrason, J.
This suit was brought to recover from the appellant a sum of money due-by Jacob S. Bohn to the appellee, and which, it is alleged, the appellant promised to pay in consideration that the appellee would forbear to institute proceedings in bankruptcy against Jacob S. Bohn.
There was a demurrer to the declaration, which was overruled, and exceptions were taken by both parties to the rulings of the Circuit Court upon the evidence and the prayers, and we shall consider the questions raised by them in their proper order.
The declaration is alleged to be defective, because it does not state that the…
2Cases cited1 opinion
- Busby v. ConowayCourt of Appeals of Maryland · 1855
3Cited by13 opinions
- Zimmer v. MillerCourt of Appeals of Maryland · 1885
- Lineweaver v. SlagleCourt of Appeals of Maryland · 1886
- Boyle v. RiderCourt of Appeals of Maryland · 1920
- Baltimore High Grade Brick Co. v. AmosCourt of Appeals of Maryland · 1902
- McCauley v. ShockeyCourt of Appeals of Maryland · 1907
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