Gunther ex rel. Gunther v. Lee
Court of Appeals of Maryland
Appeal from the "Circuit Court for Howard County. This action was brought on the 8th of November, 18*73, by the appellant in the Court of Common Pleas against the appellees as joint tort-feasors. The plaintiff and the defendant Mrs. Lee were owners of adjoining improved lots on Lexington street, in the City of Baltimore.
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Appeal from the "Circuit Court for Howard County. This action was brought on the 8th of November, 18*73, by the appellant in the Court of Common Pleas against the appellees as joint tort-feasors. The plaintiff and the defendant Mrs. Lee were owners of adjoining improved lots on Lexington street, in the City of Baltimore. The latter desiring to put other improvements on her lot employed her co-defendants, to pull down her old house, to make the necessary excavations, and to erect a new building. Hopkins and Marshall before proceeding gave notice to Mrs. Gunther to protect the division wall…
1Opinion of the Court
Alvey, J.,
delivered, the opinion of the Court.
The three defendants in this action were sued as joint tort-leasors, and the single question presented is as to the effect and operation of the release executed by the plaintiffs to one of the defendants, Mrs. Lee, during the pendency of the suit. The terms of the release are exceedingly broad and comprehensive, though it was declared that it was not to prejudice or impair the plaintiffs’ claim against the other two defendants. The release was executed in consideration of five hundred dollars, and in terms, released and discharged Mrs. Lee from…
2Cases cited2 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Livingston v. BishopNew York Supreme Court · 1806
3Cited by44 opinions
- McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Ellis v. EssonWisconsin Supreme Court · 1880
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
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