GREEN VS. PUTOEY. 263

creditors, filed his petition in November, 1841, on the equity
side of Baltimore County Court, stating his receipt of a por-
tion of the trust fund, and praying leave to distribute the same
under the authority of the court. On the 30th of November,
1842, about two-thirds in amount of the creditors of Putney
and Riddle assigned to the latter all the interest of the assign-
ors in a claim which the assignees had against the United
States for losses sustained by (hem, in the performance of a
contract with the government, for building a warehouse in the
city of Baltimore; this claim was to be prosecuted by the as-
signees for their own use; and a reservation was made by the
assignors of their interests and dividends in the property, and
the rest of the claims conveyed to Green. The amount recov-
ered from the government under the claim for losses, was
$9,672 61, which, after the deduction of expenses and com-
missions was distributed among the creditors of Putney and Rid-
dle, they themselves receiving under the above mentioned as-
signment, the sum of $5,621 33. The money recovered from
the government had been received by Green, as trustee, and
distributed under the directions of the Baltimore County Court,
by the Auditor of that court, in an account accompanying his
report of the 16th of January, 1845. The trustee received the
further sum of $13,985 38, as due Putney and Riddle for work
done for the government. This sum was paid to Green, as
trustee, under the deed described above; and also, as perma-
nent trustee of Putney, who had taken the benefit of the insol-
vent laws, in 1840. During the prosecution of this claim, on
the 31st of December, 1842, Putney and a certain Peter Gor-
man entered into an agreement, by which Gorman, in consider-
ation of his furnishing the necessary funds for its prosecution,
was to receive one-half of Putney's share, should any thing be
recovered. On the 27th of September, 1844, Putney, Riddle
and German, who were engaged in buying up claims against
the firm of Putney and Riddle, entered into a written agreement
by which it was stipulated, that in the purchases of that de-
scription already made, and in those thereafter to be made, the
parties should contribute rateably, that is, Riddle should con-