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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 478   View pdf image (33K)
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478 HIGH COURT OF CHANCERY.
dency of the appeal spoken of in the agreement, and on the
same day a check was drawn accordingly, which it appears by
the receipt of Messrs. Glenn and Scott, was received by them
on the 27th of the same month, and the check was presented
and paid at bank on the 30th.
A portion of the money was loaned by Scott and Glenn to
Alexander Brown & Sons, in August of the same year, and for
the portion so loaned, with the interest thereon, Mr. Glenn has
duly accounted. Another portion, to wit, $5,000, was loaned
to one John H. Hunter, which, being repaid with interest on
the 31st of July, 1837, was, on the day following, to wit, the
1st of August, 1837, loaned to Luke Tiernan, of Baltimore,
upon his promissory note, payable six months after date, with
interest, secured by a mortgage on real estate in the city of
Baltimore.
The proceedings further show, that Tiernan paid Scott the
interest on this sum, to the 1st of August, 1839, and the former
having died in the course of that year, one of the executors
having previously paid to the same party, the interest and a
portion of the principal, on the 29th of May, 1841, paid him
the entire balance of principal and interest, amounting at that
time, to $4,080. The Chancellor's order, distributing the
money, was affirmed by the Court of Appeals at its June term,
in the year 1838, but no proceedings appear to have been
taken by the parties, who, by this affirmance, were decided to
be entitled thereto, until March, 1843, when they filed a peti-
tion in the cause, requiring the said Scott and Glenn, to ac-
count; when it appeared by their answers, and the admissions
of the parties, that the money paid to Scott by Tiernan and
his executor, was paid without the authority, privity, consent,
or knowledge of Glenn, and that the latter in no way partici-
pated in receiving such money, or indorsing the note given for
its security, or in releasing the mortgage, which appeared to
have been released by Scott alone, on the 2d of December,
1841.
The money received by Scott from Tiernan and his executor,
having been wasted or misapplied, the question raised upon the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 478   View pdf image (33K)
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