previously existing claim (Maryland) · Go Syfert
← Maryland issues

previously existing claim in Maryland

6 Maryland opinions name it 2 courts 1960–2008 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.

Followed or applied (3)

CaseFollowedCited
Baltimore & Ohio Railroad v. Equitable Bank, N.A.green
mdctspecapp · 1988 · cited in 1 Maryland opinions naming this issue, 2002–2002
2 sentences

2002It was merely “ ‘a contract which the parties enter into “for the settlement of a previously existing claim by a substituted performance.” ’ ” Id. at 525 , 740 A.2d at 1011 (quoting B & O.R.R. 77 Md.App. 320, 328 , 550 A.2d 407, 411 (1988) (quoting Mitchell Properties, 62 Md.App. at 482 , 490 A.2d at 276 )).

2002It was merely “ ‘a contract which the parties enter into “for the settlement of a previously existing claim by a substituted performance.” ’ ” Id. at 525 , 740 A.2d at 1011 (quoting B & O.R.R. 77 Md.App. 320, 328 , 550 A.2d 407, 411 (1988) (quoting Mitchell Properties, 62 Md.App. at 482 , 490 A.2d at 276 )).

11
State Tax Commission v. Galesgreen
md · 1960 · cited in 1 Maryland opinions naming this issue, 1984–1984
2 sentences

1984See State Tax Comm’n v. Gales, 222 Md. 543, 549 , 161 A.2d 676, 678-79 (1960) (holding that Art.

1984See State Tax Comm’n v. Gales, 222 Md. 543, 549 , 161 A.2d 676, 678-79 (1960) (holding that Art.

11
National Can Corp. v. State Tax Commissiongreen
md · 2001 · cited in 1 Maryland opinions naming this issue, 1960–1960
2 sentences

1960The Commission has called attention to a statement in the majority opinion in the National Can Corp. case, supra, 220 Md. at 425 (an opinion written by the author of the present opinion) that “[t]he power to classify property for purposes of taxation was conferred by the amendment to Article 15 * * * ratified November 2, 1915.” (This statement was, as the Commission points out, in accordance with one made in its brief in that case.) It made no practical difference in National Can whether the 1915 amendment to Article 15 conferred the above power to classify or removed a previously existing bar

1960The Commission has called attention to a statement in the majority opinion in the National Can Corp. case, supra, 220 Md. at 425 (an opinion written by the author of the present opinion) that "[t]he power to classify property for purposes of taxation was conferred by the amendment to Article 15 * * * ratified November 2, 1915." (This statement was, as the Commission points out, in accordance with one made in its brief in that case.) It made no practical difference in National Can whether the 1915 amendment to Article 15 conferred the above power to classify or removed a previously existing bar

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Mitchell Properties, Inc. v. Real Estate Title Co. green
mdctspecapp · 1985
2 sentences

2008In Mitchell Props., Inc. v. Real Estate Title Co., 62 Md.App. 473 , 490 A.2d 271 (1985), this Court said: A settlement agreement is a contract which the parties enter into for the settlement of a previously existing claim by a substituted performance.

2008In Mitchell Props., Inc. v. Real Estate Title Co., 62 Md.App. 473 , 490 A.2d 271 (1985), this Court said: A settlement agreement is a contract which the parties enter into for the settlement of a previously existing claim by a substituted performance.

22002–2008
Clark v. Elza green
md · 1979
2 sentences

1986A settlement agreement is a contract which the parties enter into “for the settlement of a previously existing claim by a substituted performance.” 6 Corbin on Contracts, § 1278 at 124 (1962); Clark v. Elza, 286 Md. 208 , 406 A.2d 922 (1979).

1986A settlement agreement is a contract which the parties enter into “for the settlement of a previously existing claim by a substituted performance.” 6 Corbin on Contracts, § 1278 at 124 (1962); Clark v. Elza, 286 Md. 208 , 406 A.2d 922 (1979).

21985–1986
Jones v. Hubbard green
md · 1999
2 sentences

2002It was merely “ ‘a contract which the parties enter into “for the settlement of a previously existing claim by a substituted performance.” ’ ” Id. at 525 , 740 A.2d at 1011 (quoting B & O.R.R. 77 Md.App. 320, 328 , 550 A.2d 407, 411 (1988) (quoting Mitchell Properties, 62 Md.App. at 482 , 490 A.2d at 276 )).

2002It was merely “ ‘a contract which the parties enter into “for the settlement of a previously existing claim by a substituted performance.” ’ ” Id. at 525 , 740 A.2d at 1011 (quoting B & O.R.R. 77 Md.App. 320, 328 , 550 A.2d 407, 411 (1988) (quoting Mitchell Properties, 62 Md.App. at 482 , 490 A.2d at 276 )).

12002–2002

Where else courts name it

CA 12 (1935–2025) GA 7 (1931–2000) PA 6 (1962–2011) MD 6 (1960–2008) NY 5 (1925–1981) MS 4 (1975–2017) TX 3 (1950–1967) NM 3 (1988–2010) KS 3 (2020–2021) OH 3 (1964–2018) RI 2 (2021–2021) MO 2 (2005–2010) OR 2 (1974–2008) WA 2 (2011–2011)

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.

← Caselaw search · G Cite Topics · Brief Check