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17 Maryland opinions name it 2 courts 1947–2013 0 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
United States v. Birdsallgreen2 sentences1985It might also be found in an established usage which constituted the common law of the Department and fixed the duties of those engaged in its activities____ In numerous instances, duties not completely defined by written rules are clearly established by settled practice, and action taken in the course of their performance must be regarded as within the provisions of the above mentioned statutes against bribery.” Id. at 230-31, 34 S.Ct. at 514-15 (emphasis added). 1973It might also be found in an established usage which constituted the common law of the Department and fixed the duties of those engaged in its activities ... .In numerous instances, duties not completely defined by written rules are clearly established by settled practice, and action taken in the course of their performance must be regarded as within the provisions of the above mentioned statutes against bribery.” Id. at 230-31 (emphasis added). | 2 | 2 |
Hartle v. Stahlgreen2 sentences1977Hartle v. Stahl, 27 Md. 157 ; Bowen v. Tipton, 64 Md. 275, 288 , 1 A. 861 ; Emmitsburg R. 1953See also Hartle v. Stahl, 27 Md. 157, 173 ; Bowen v. Tipton, 64 Md. 275, 288 , 1 A. 861 ; and Williston, Contracts (Rev. ed.) Sec. 135. | 1 | 3 |
Riemer v. Columbia Medical Plan, Inc.green2 sentences2007Plan, Inc., 358 Md. 222, 231 , 747 A.2d 677, 683 (2000), superseded by statute, Chapter 569 of the Acts of 2000 (defining subrogation as “ ‘[t]he substitution of one person in the place of another *314 with reference to a lawful claim, demand or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities’ ” (quoting Black’s Law Dictionary 1427 (6th ed.1990))); Black’s Law Dictionary 1467 (8th ed.2004) (defining subrogation as the “equitable remedy by which ... a substitution takes place”); Restatement (First 2007Plan, Inc., 358 Md. 222, 231 , 747 A.2d 677, 683 (2000), superseded by statute, Chapter 569 of the Acts of 2000 (defining subrogation as “ ‘[t]he substitution of one person in the place of another *314 with reference to a lawful claim, demand or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities’ ” (quoting Black’s Law Dictionary 1427 (6th ed.1990))); Black’s Law Dictionary 1467 (8th ed.2004) (defining subrogation as the “equitable remedy by which ... a substitution takes place”); Restatement (First | 1 | 2 |
Fiege v. Boehmgreen2 sentences1971Snyder v. Cearfoss, 187 Md. 635 , 643 ; Fiege v. Boehm, 210 Md. 352 , 360-1 ; Hoffman v. Seth, 207 Md. 234 , 241 ; Kolker v. Gorn, 202 Md. 322 .” The testimony of Mr. Foster indicated that the appel *244 lees believed that MQF owned and operated the personal property which the Deputy Sheriffs were directed to attach. 1957Snyder v. Cearfoss, 187 Md. 635, 643 ; Fiege v. Boehm, 210 Md. 352, 360-1; Hoffman v. Seth, 207 Md. 234, 241; Kolker v. Gorn, 202 Md. 322. | 1 | 2 |
Hoffman v. Sethgreen2 sentences1971Snyder v. Cearfoss, 187 Md. 635 , 643 ; Fiege v. Boehm, 210 Md. 352 , 360-1 ; Hoffman v. Seth, 207 Md. 234 , 241 ; Kolker v. Gorn, 202 Md. 322 .” The testimony of Mr. Foster indicated that the appel *244 lees believed that MQF owned and operated the personal property which the Deputy Sheriffs were directed to attach. 1957Snyder v. Cearfoss, 187 Md. 635, 643 ; Fiege v. Boehm, 210 Md. 352, 360-1; Hoffman v. Seth, 207 Md. 234, 241; Kolker v. Gorn, 202 Md. 322. | 1 | 2 |
Podgurski v. OneBeacon Insurancegreen2 sentences2004See also Podgurski, 374 Md. at 141 , 821 A.2d 400 ; Alternatives Unlimited, Inc. v. New Baltimore City Bd. of School Commissioners, 155 Md.App. 415, 460-61 , 843 A.2d 252 (2004)(Subrogation is an equitable remedy that “giv[es] the plaintiff the rights formerly held by another person”); Black’s Law Dictionary 1595 (4th ed., 1968) (defining subrogation as “[t]he substitution of one person in the place of another with reference to a lawful claim, demand or right ...; so that he who is substituted succeeds to the rights of the other in *35 relation to the debt or claim, and its rights, remedies, o 2004See also Podgurski, 374 Md. at 141 , 821 A.2d 400 ; Alternatives Unlimited, Inc. v. New Baltimore City Bd. of School Commissioners, 155 Md.App. 415, 460-61 , 843 A.2d 252 (2004)(Subrogation is an equitable remedy that “giv[es] the plaintiff the rights formerly held by another person”); Black’s Law Dictionary 1595 (4th ed., 1968) (defining subrogation as “[t]he substitution of one person in the place of another with reference to a lawful claim, demand or right ...; so that he who is substituted succeeds to the rights of the other in *35 relation to the debt or claim, and its rights, remedies, o | 1 | 1 |
Rinn v. First Union National Bank of Marylandgreen1 sentence1996Bank of Maryland, 176 B.R. 401, 407 (D.Md.1995) (stating that “subrogation is the substitution of one person in the place of another with reference to a lawful claim or right”). | 1 | 1 |
Bachmann v. Glazer & Glazer, Inc.green2 sentences1996Co., 277 Md. 177, 182 , 353 A.2d 249 (1976); see also Bachmann v. Glazer & Glazer, Inc., 316 Md. 405, 412 , 559 A.2d 365 (1980) (stating that subrogation “is intended to provide relief against loss and damage to a meritorious creditor who has paid the debt of another”); Rinn v. First Union Nat. 1996Co., 277 Md. 177, 182 , 353 A.2d 249 (1976); see also Bachmann v. Glazer & Glazer, Inc., 316 Md. 405, 412 , 559 A.2d 365 (1980) (stating that subrogation “is intended to provide relief against loss and damage to a meritorious creditor who has paid the debt of another”); Rinn v. First Union Nat. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Snyder v. Cearfoss
green
2 sentences1953"Forbearance to sue for a lawful claim or demand is sufficient consideration for a promise to pay for the forbearance, if the party forbearing had an honest intention to prosecute litigation, which is not frivolous, vexatious or unlawful, and which he believed to be well founded, even though it may in fact be unfounded." Snyder v. Cearfoss, 187 Md. 635, 643 , 51 A.2d 264, 267 ; Snyder v. Cearfoss, 190 Md. 151, 160 , 57 A.2d 786 . 1953"Forbearance to sue for a lawful claim or demand is sufficient consideration for a promise to pay for the forbearance, if the party forbearing had an honest intention to prosecute litigation, which is not frivolous, vexatious or unlawful, and which he believed to be well founded, even though it may in fact be unfounded." Snyder v. Cearfoss, 187 Md. 635, 643 , 51 A.2d 264, 267 ; Snyder v. Cearfoss, 190 Md. 151, 160 , 57 A.2d 786 . | 4 | 1953–1971 |
Bowen v. Tipton
neutral
2 sentences1977Hartle v. Stahl, 27 Md. 157 ; Bowen v. Tipton, 64 Md. 275, 288 , 1 A. 861 ; Emmitsburg R. 1977Hartle v. Stahl, 27 Md. 157 ; Bowen v. Tipton, 64 Md. 275, 288 , 1 A. 861 ; Emmitsburg R. | 3 | 1947–1977 |
Federal Communications Commission v. Cohn
green
2 sentences2009We noted that “ ‘a delicate balance’ ” exists “‘between the necessity of obtaining information required in the public interest in furtherance of a lawful inquiry, and the onerous burdens which the furnishing of this information may place on these respondents.’ ” Id. 1980Rev. at 194-195.] In Federal Communications Commission v. Cohn, 154 F. Supp. 899 (S.D.N.Y. 1957), the court upheld a broad subpoena but said, “There is a delicate balance between the necessity of obtaining information required in the public interest and furtherance of a lawful inquiry, and the onerous burdens which the furnishing of this information may place on ... respondents.” Id. at 908 . | 2 | 1980–2009 |
Kolker v. Gorn
green
2 sentences1971Snyder v. Cearfoss, 187 Md. 635 , 643 ; Fiege v. Boehm, 210 Md. 352 , 360-1 ; Hoffman v. Seth, 207 Md. 234 , 241 ; Kolker v. Gorn, 202 Md. 322 .” The testimony of Mr. Foster indicated that the appel *244 lees believed that MQF owned and operated the personal property which the Deputy Sheriffs were directed to attach. 1957Snyder v. Cearfoss, 187 Md. 635, 643 ; Fiege v. Boehm, 210 Md. 352, 360-1; Hoffman v. Seth, 207 Md. 234, 241; Kolker v. Gorn, 202 Md. 322. | 2 | 1957–1971 |
Board of County Commissioners v. MacPhail
green
2 sentences1971As Judge (now Chief Judge) Hammond stated for the Court in Board of County Commissioners of Harford County v. MacPhail, 214 Md. 192, 197-98 , 133 A. 2d 96 (1957) : “It is well established that forbearance to sue for a lawful claim and demand is good consideration if the one forbearing honestly intended to prosecute litigation which is not frivolous, vexatious or unlawful (that is, litigation that has a reasonable basis) and which he believes to be well founded even though it may in fact be unfounded. 1971As Judge (now Chief Judge) Hammond stated for the Court in Board of County Commissioners of Harford County v. MacPhail, 214 Md. 192, 197-98 , 133 A. 2d 96 (1957) : “It is well established that forbearance to sue for a lawful claim and demand is good consideration if the one forbearing honestly intended to prosecute litigation which is not frivolous, vexatious or unlawful (that is, litigation that has a reasonable basis) and which he believes to be well founded even though it may in fact be unfounded. | 2 | 1970–1971 |
Smith v. State
green
2 sentences2013We begin our review of Callahan’s claim with the observation that, “[a] court’s decision to revoke probation must be based on the violation of a valid condition of probation.” Smith v. State, 306 Md. 1, 7 , 506 A.2d 1165 (1986). 2013We begin our review of Callahan’s claim with the observation that, “[a] court’s decision to revoke probation must be based on the violation of a valid condition of probation.” Smith v. State, 306 Md. 1, 7 , 506 A.2d 1165 (1986). | 1 | 2013–2013 |
Alternatives Unlimited, Inc. v. New Baltimore City Board of School Commissioners
green
2 sentences2004See also Podgurski, 374 Md. at 141 , 821 A.2d 400 ; Alternatives Unlimited, Inc. v. New Baltimore City Bd. of School Commissioners, 155 Md.App. 415, 460-61 , 843 A.2d 252 (2004)(Subrogation is an equitable remedy that “giv[es] the plaintiff the rights formerly held by another person”); Black’s Law Dictionary 1595 (4th ed., 1968) (defining subrogation as “[t]he substitution of one person in the place of another with reference to a lawful claim, demand or right ...; so that he who is substituted succeeds to the rights of the other in *35 relation to the debt or claim, and its rights, remedies, o 2004See also Podgurski, 374 Md. at 141 , 821 A.2d 400 ; Alternatives Unlimited, Inc. v. New Baltimore City Bd. of School Commissioners, 155 Md.App. 415, 460-61 , 843 A.2d 252 (2004)(Subrogation is an equitable remedy that “giv[es] the plaintiff the rights formerly held by another person”); Black’s Law Dictionary 1595 (4th ed., 1968) (defining subrogation as “[t]he substitution of one person in the place of another with reference to a lawful claim, demand or right ...; so that he who is substituted succeeds to the rights of the other in *35 relation to the debt or claim, and its rights, remedies, o | 1 | 2004–2004 |
Finance Co. of America v. United States Fidelity & Guaranty Co.
green
2 sentences1996Co., 277 Md. 177, 182 , 353 A.2d 249 (1976); see also Bachmann v. Glazer & Glazer, Inc., 316 Md. 405, 412 , 559 A.2d 365 (1980) (stating that subrogation “is intended to provide relief against loss and damage to a meritorious creditor who has paid the debt of another”); Rinn v. First Union Nat. 1996Co., 277 Md. 177, 182 , 353 A.2d 249 (1976); see also Bachmann v. Glazer & Glazer, Inc., 316 Md. 405, 412 , 559 A.2d 365 (1980) (stating that subrogation “is intended to provide relief against loss and damage to a meritorious creditor who has paid the debt of another”); Rinn v. First Union Nat. | 1 | 1996–1996 |
Staley v. Staley
green
1 sentence1980App. 99 , 335 A.2d 114 (1975). (3a) Appellants claim that the third party litigation was terminated once SMGC and IF A settled and therefore, since *520 there was no forbearance to sue for a lawful claim, the settlement agreement was not supported by consideration. | 1 | 1980–1980 |
Pullman Co. v. Ray
green
2 sentences1956Snyder v. Cearfoss, 187 Md. 635, 643 , 51 A. 2d 264 ; Pullman Co. v. Ray, 201 Md. 268 , 94 A. 2d 266 . 1956Snyder v. Cearfoss, 187 Md. 635, 643 , 51 A. 2d 264 ; Pullman Co. v. Ray, 201 Md. 268 , 94 A. 2d 266 . | 1 | 1956–1956 |
Snyder v. Cearfoss
green
2 sentences1953"Forbearance to sue for a lawful claim or demand is sufficient consideration for a promise to pay for the forbearance, if the party forbearing had an honest intention to prosecute litigation, which is not frivolous, vexatious or unlawful, and which he believed to be well founded, even though it may in fact be unfounded." Snyder v. Cearfoss, 187 Md. 635, 643 , 51 A.2d 264, 267 ; Snyder v. Cearfoss, 190 Md. 151, 160 , 57 A.2d 786 . 1953"Forbearance to sue for a lawful claim or demand is sufficient consideration for a promise to pay for the forbearance, if the party forbearing had an honest intention to prosecute litigation, which is not frivolous, vexatious or unlawful, and which he believed to be well founded, even though it may in fact be unfounded." Snyder v. Cearfoss, 187 Md. 635, 643 , 51 A.2d 264, 267 ; Snyder v. Cearfoss, 190 Md. 151, 160 , 57 A.2d 786 . | 1 | 1953–1953 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.