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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 416   View pdf image (33K)
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416 HIGH COURT OF CHANCERY.
receipt of any reference to the single bill is very significant.
It cannot be supposed that a man of ordinary prudence would
not only, when paying his bond or note, omit to take it up,
but leaving it in the hands of his creditors, he would take his
receipt, making no allusion whatever to it.
I cannot in this case impute such indiscretion to George B.
Spalding, and therefore am of opinion that his debt to his
brother has not been paid. The next question has reference
to the amount of this debt.
According to the award of the arbitrators, dated the 18th
of March, 1835, his proportion of the real and personal estate
of his father, to be paid by his brother George B. Spalding,
was ascertained to be $2,516 65, but the single bill of his said
brother to him is for $2,163 27, with interest from the 29th
of January, 1835. This latter paper has no date, and we are
left to conjecture the period of its execution; and I think it
quite reasonable to presume, it was executed and delivered on
the day of the date of the receipt of the 2d of March, 1836.
It is not at all improbable that between the date of the award
and of the receipt, a settlement of accounts had taken place
between these parties, and that the sum ascertained to be due
by the arbitrators had in some way been reduced to the amount
stated in the single bill. Indeed, the record furnishes evidence
that there were dealings between them, and that George E.
Spalding, who was quasi guardian to his brother, had made
advances to and supplied "him with necessaries. Under these
circumstances, we may well suppose that the note was given
for the precise balance then due, and I therefore am of opinion,
that the amount therein expressed must be taken as the extent
of the indebtedness of George R. Spalding, and that Basil
must be regarded as his creditor for that sum, and no more.
Being then of opinion, for the reasons briefly stated, that
Basil D. Spalding is a creditor of the estate of his brother,
George E. Spalding, and having fixed the amount of his claim,
the only remaining question to be decided at this time, relates
to the character of the claim.
It is insisted by his counsel that he is an unpaid vendor of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 416   View pdf image (33K)
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