Owings's Ex'rs v. Owings
Court of Appeals of Maryland
Error to .jlnne-Jlrundcl County Court. Ussumpsit for money lent; for money had and received, and on an insimul computassent. Non assumpsit pleaded, and issue joined.
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Error to .jlnne-Jlrundcl County Court. Ussumpsit for money lent; for money had and received, and on an insimul computassent. Non assumpsit pleaded, and issue joined. At the trial the plaintiff, (now defendant in error,) offered evidence, that Richard Owings, the testator of the defendants, (now plaintiffs in error,) in his lifetime, proposed to the widow of Beale Owings, of Baltimore county, the mother of the plaintiff, that if she would decline taking out letters of administration on her deceased husband’s estate, and permit him to obtain such letters, that upon the settlement of the estate…
1Opinion of the CourtStephen, J.
[After stating the case he proceeded as follows.-J The question for this court to determine, is whether the court below gave a correct exposition of the law to the jury upon the prayer made to them? In deciding upon this case several questions present themselves for the consideration and adjudication of this court. First. Was there a sufficient consideration to sustain the promise made by Richard Givings to the mother of the plaintiff? Secondly. If there was, ought the suit to have been brought by the mother of the plaintiff, the promisee; or was the plaintiff, the person beneficially…
2Cited by7 opinions
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- Strong v. WilliamsMassachusetts Supreme Judicial Court · 1815
- Hohman v. OremCourt of Appeals of Maryland · 1936
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