414 HIGH COURT OF CHANCERY.

But this is not a suit upon the contract by either of the par-
ties thereto, against the other. The contract between the par-
ties has been consummated and closed by a sale of the stock
held by the bank and the re-payment of the money loaned.
There has been a satisfaction and extinguishment of that con-
tract by payment, four months before this bill was filed by a
stranger to that contract; and the question is, whether it is
competent to this stranger, now that the money has been paid
and the contract performed, to open it, and, upon the ground
that it was interdicted by the charter, take away the money
from the bank ?

I cannot think so. Even in the case which has been refer-
red to, of The Steam Navigation Co. vs. Dandridge, which was
a suit between the parties to the contract, I am persuaded, that
if either of them, after the performance of the contract, had in-
stituted an action against the other, either to recover back the
money paid, or for any other purpose, and had placed its right
to recover upon the ground of the invalidity of the contract, the
answer would have been—you come too late with your com-
plaint, the contract has been performed and is extinguished,
and there is an end of it.

I am, therefore, of opinion, that there can be no decree
against the bank, except for the surplus which it holds for the
party legally entitled thereto.

The right of the complainants to a decree against the city of
Baltimore will now be examined.

The answer of the city denies all knowledge in fact of the de-
cree referred to in the bill, or that the said stock was set apart
and directed thereby to be 'held by Samuel Jones and Andrew
D. Jones, as trustees, under the will of Talbot Jones, for the
use of Mrs. Albert; or that the transfer of said stock by the
trustees, to the bank, was made with the knowledge of the
officers of the corporation, for the use and benefit of Samuel
Jones, or Andrew D. Jones, or in any manner misapplied from
the purposes for which it was held in trust.

And the answer likewise denies that the officers of the city
corporation knew for whom the said Samuel Jones and An-