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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 434   View pdf image (33K)
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434 HIGH COURT OF CHANCERY.
sum having been deposited with him by the Company. It was
stated in the opinion first delivered by this Court, that this
sum had been twice charged to the complainant, and this is
now conceded by the defendant, and of course to that extent
the account J. J. must be corrected. But the opinion of
November, 1848, declared further, that there should have been
no charge at all against the complainant in respect of this
sum. And that now may be considered a question proper for
further consideration, additional proof bearing upon it having
been brought in since that opinion was made. This item of
$1,350 is referred to in the 13th paragraph of the amended
answer, where it is alleged that this sum, on the 18th of
December, 1835, was withdrawn by the complainant from the
funds of the defendant, received by him or under his control,
and applied professedly to the payment of an alleged claim of a
manufacturing company in Boston, on account of patent rights,
and the answer insists that the said sum is a just and proper
debit against the complainant. It appears by the receipt of
0. D. Williams, dated the 19th of September, 1828, that this
sum of $1,850 was placed in his hands, as a stakeholder, by
Dean Walker, who, together with the defendant, had been
carrying on a machine establishment, to answer for a claim
set up by the agent of one Patrick T. Jackson, on account of
certain patent rights. The complainant was that agent, and,
on the 18th of December, 1835, as appears by an entry in the
day-book of the defendant of that date, he being at that time
the agent of the defendant, and at their factory, the sum in
question was paid him as agent of Jackson by himself as the
agent of the defendant. The money then was paid by the
complainant to himself as the agent of Patrick T. Jackson,
who was the agent and treasurer of the Boston company, to
whom the patent right belonged. The complainant received
the money in the capacity of agent, and in none other had he
any color of right to it. But it now appears by the deposition
of Eben Hobbs, taken under a commission sent to Boston,
that the witness has been superintendent and agent of the
Boston Company for thirty-two years, and that no money was

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 434   View pdf image (33K)
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