Turner v. Egerton
Court of Appeals of Maryland
Appeal from Saint Mary's County Court. This was an action of assumpsit, brought by the appellant, the plaintiff below, against the appellee. The declaration contained five ■counts, one for matters properly chargeable in account,—for money laid out and expended,—for money lent and advanced,. —for money had and received,—and on an insimul computassent. The defendant pleaded non assumpsit and issue was-joined.
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Appeal from Saint Mary's County Court. This was an action of assumpsit, brought by the appellant, the plaintiff below, against the appellee. The declaration contained five ■counts, one for matters properly chargeable in account,—for money laid out and expended,—for money lent and advanced,. —for money had and received,—and on an insimul computassent. The defendant pleaded non assumpsit and issue was-joined. At the trial, the plaintiff offered in evidence to the jury, and proved by competent testimony, that Edward Wilder, as administrator of James Egerton, paid over to Jinn Egerton, the…
1Opinion of the Court
Buchanan, Ch. J.
delivered the opinion of the Court.
This is the case of an administrator who thinking he has paid off all the debts of the deceased, delivered over to the children of the deceased, the proportions of the residue of the personal estate, to which they were respectively supposed to be entitled as distributees. But being afterwards compelled by a recovery at law, to pay a considerable debt due by the deceased, of which he was not at the time aware, and having in part paid the debts of the deceased, out of his own private funds, brought his suit against one of the distributees to…
2Cited by3 opinions
- United States Fidelity & Guaranty Co. v. TaylorCourt of Appeals of Maryland · 1918
- Myers v. SmithCourt of Appeals of Maryland · 1867
- Chestertown Bank v. PerkinsCourt of Appeals of Maryland · 1928