Legal Opinion

Merryman v. Rider

Court of Appeals of Maryland

Decided February 16, 1871PublishedCited by 6 opinions

Appeal from the Circuit Court for Baltimore County. This was an action by the appellant against the appellee to recover an alleged indebtedness of her testator. The defendant demurred to the declaration which contained four counts. The Court sustained the demurrer, and the plaintiff appealed.

1Opinion of the CourtRobinson, J.

The declaration in this case contained the following counts: 1st. For goods bargained and sold by the plaintiff to the deceased in his life time.

2d. For work and labor and materials furnished for said deceased in his life time.

3d. For money found due from said deceased in his life time on account stated.

4th. For money had and received for the use of the plaintiff by said deceased in his life time.

Now it will be observed, that the averment “for money payable by the defendant to the plaintiff,” required by the 75th Article of the Code, section 22, clause 2d, to be prefixed to all the common…

2Cited by6 opinions

  1. Pearce v. WatkinsCourt of Appeals of Maryland · 1888
  2. Provident Trust Co. v. MasseyCourt of Appeals of Maryland · 1924
  3. Littleton v. Wells & McComas Council, No. 14Court of Appeals of Maryland · 1904
  4. Penniman v. WinnerCourt of Appeals of Maryland · 1880
  5. Dudley A. Tyng & Co. v. WoodwardCourt of Appeals of Maryland · 1913

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