Somervell v. Somervell
Court of Appeals of Maryland
Appeal from Calvert county court. This was an action of assumpsit brought by die appellant against the appellee, and the whole cause is sufficiently stated in the opinion of this court. The plaintiff below appealed.
1Opinion of the CourtSpence, J.
Action of assumpsit in Calvert county court. The declaration contained, a count for work and labor; the common money counts; a count on an account stated; and a special *277count, which charged, that the plaintiff, as executor of John Somervell, had paid over to the defendant, as one of the specific legatees of his testator, her specific legacy, valued at $293.20. That as such executor he had overpaid the estate, by reason whereof the defendant became liable to contribute and pay the plaintiff $59.31, so overpaid.
To this declaration the defendant pleaded non assumpsit, and the statute of…
2Cited by2 opinions
- Zollickoffer v. SethCourt of Appeals of Maryland · 1876
- Chestertown Bank v. PerkinsCourt of Appeals of Maryland · 1928