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EWELL v. LANDING

[No. 63, October Term, 1951.]

199 Md. 68 (1952)

85 A.2d 475

EWELL, EXECUTOR v. LANDING

Court of Appeals of Maryland.

Decided January 10, 1952.

Attorney(s) appearing for the Case

Submitted on brief by Staton, Whaley and Price and William H. Price, for the appellant.

No brief and no appearance for appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.

DELAPLAINE, J., delivered the opinion of the Court.

This action was brought in the Circuit Court for Worcester County by Marion W. Landing, of Pocomoke City, to recover money alleged to be due and owing to him by L. Paul Ewell, executor of the estate of William J. Payne, deceased. The declaration contained only the common counts. But the plaintiff subsequently stated in a bill of particulars: (1) that his claim was for $550 loaned to the deceased on June 2, 1949;...

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