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McDOWELL VS. GOLDSMITH. 381 said Osborne and himself, on which occasions, he would take her note for the balance ascertained to be due, and surrender or destroy all the securities before that time taken and then exist- ing. He further states, that his claim against said Osborne, other than for money due his wife as aforesaid, was exclusively for, and on account of, moneys loaned by him to her. That in addition to his individual means, he obtained, occasionally, moneys from his wife, who had a valuable separate estate, of which he has kept no account, and presumes they are to be treated in law, as his own. That, excepting for a short period, about the year 1836, during which time he made his deposits with the Messrs. Cohen, he has been his own banker, taking care to keep his money actively employed, and, therefore, retain- ed by him as small sums as possible. That he dealt indiscrim- inately in coin and in paper, and doubtless made some advances to said Oaborne in coin, though for the most part, he believes, his advances to her were made in bank paper. He further states, that he has no counting house, or business office, nor any clerk or assistant in his business, and his dealings with said Osborne, was for the most part at his dwelling house, and either without witness or in presence of his "wife- alone,and sometimes he believes, his advances were made by his wife in his absence. He is unable, at this time, to specify any instance in which he made advances in the presence of any particular individual, or to discover in what kind of money, in whose presence, at what places and at what times, he paid the said Osborne the sum of $7,750, the consideration for her last deed, except as herein be- fore stated. This defendant has resided, during the last fifteen years, in the city of Baltimore, during that time, his pursuits have been various. For a number of years past, he has been engaged in the business of loaning money and dealing in securities and property. Of all the particulars of his business, during that series of years, and of the profits and losses on each of his transac- tions, he respectfully submits, he is not bound to speak, nor is he bound to discover what is the value, or what are the parti- culars of his present estate. To all such interrogatories, there- fore, he declines an answer, and prays to be dismissed, &c. |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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