Legal Opinion

Bowen v. Tipton

Court of Appeals of Maryland

Decided November 20, 1885PublishedCited by 16 opinions

Appeal from the Circuit Court for Baltimore County. This suit was instituted by the appellee against the appellant. The declaration contained the two following counts: 1st. Eor that one John Bowen, Jr., on the first day of January, eighteen hundred and eighty-four, owed the plaintiff the sum of nine hundred dollars, and the plaintiff was about to sue him to recover the same ; and in consideration that the plaintiff would forbear to sue the said John Bowen, Jr., the defendant…

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Appeal from the Circuit Court for Baltimore County. This suit was instituted by the appellee against the appellant. The declaration contained the two following counts: 1st. Eor that one John Bowen, Jr., on the first day of January, eighteen hundred and eighty-four, owed the plaintiff the sum of nine hundred dollars, and the plaintiff was about to sue him to recover the same ; and in consideration that the plaintiff would forbear to sue the said John Bowen, Jr., the defendant agreed to pay the same to the plaintiff, and the plaintiff did forbear to sue the said John Bowen, Jr.; and the…

1Opinion of the CourtIrving, J.

This suit was instituted upon an alleged promise of the appellant to the appellee to pay the appellee a certain debt of John Bowen, Jr., the appellant’s son, in consideration of the appellee’s forbearance of certain attachment proceedings about to be instituted by him. The first count in the declaration is in strict conformity with the form prescribed in Art. 75, section 22, sub-section 24, of the Code. The demurrer thereto, therefore, was properly overruled. The second count was somewhat more specific *286as to the character of the claim of the plaintiff against the defendant, and of the suit…

2Cases cited2 opinions

  1. Manter v. ChurchillMassachusetts Supreme Judicial Court · 1879
  2. Emerick v. CoakleyCourt of Appeals of Maryland · 1872

3Cited by16 opinions

  1. Strohecker v. Schumacher & Seiler, Inc.Court of Appeals of Maryland · 1945
  2. Pullman Co. v. RayCourt of Appeals of Maryland · 1953
  3. Snyder v. CearfossCourt of Appeals of Maryland · 1947
  4. Broaddus v. First National BankCourt of Appeals of Maryland · 1931
  5. Kolker v. GornCourt of Appeals of Maryland · 1953

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