Lester v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City.. This was an action of assumpsit, instituted by the appellant against the appellee.
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Appeal from the Superior Court of Baltimore City.. This was an action of assumpsit, instituted by the appellant against the appellee. The declaration of the plaintiff contained seven counts, but no evidence was offered to sustain any but the seventh, which was for money had and received by the defendant for the use of the plaintiff, and alleged that for the purpose of preventing a compulsory sale, by the defendant, of the plaintiff’s lot, the plaintiff paid to the defendant the sum of $2,446.07, etc., as set out in said count; and the plaintiff claimed that as the threatened sale was to…
1Opinion of the CourtAlvey, J.
The main question in this case, (the determination of which dispenses with the necessity of deciding any other raised by *the record,) is, whether the money sued for was paid by the appellant to the appellees, or to. their use, undér such circumstances as to entitle the former to recover it back. And, upon a careful examination of the record, we are clearly of opinion that it was not.
No principle is better settled than that where a person, with full knowledge of the facts, voluntarily pays a demand unjustly made upon him, though attempted or threatened to be enforced by proceedings, as…
2Cases cited4 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
- Mayor of Baltimore v. PorterCourt of Appeals of Maryland · 1862
- Morris v. Mayor of BaltimoreCourt of Appeals of Maryland · 1847
3Cited by36 opinions
- White v. Prince George's CountyCourt of Appeals of Maryland · 1978
- George's Creek Coal & Iron Co. v. County CommissionersCourt of Appeals of Maryland · 1883
- State v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1871
- Bowman v. GoadCourt of Appeals of Maryland · 1997
- Washington Suburban Sanitary Commission v. C.I. Mitchell & Best Co.Court of Appeals of Maryland · 1985
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