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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 440   View pdf image (33K)
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440 HIGH COURT OF CHANCERY.
the debts of the railroad, and the land he purchased some years
before, were said to comprise the whole claim against him, or
nearly so, whilst in that of the 10th of September following,
his store account for the expense of his house, and the railroad
account, it was said, would perhaps show everything. Now it
is surely reasonable to suppose that if these large sums were
due from the complainant, and ascertained to be so due from
an inspection of the books, then in possession and subject to
the examination of 0; D. Williams, that they would have been
Claimed.
17th. In this item the defendant claims to recover from the
complainant the sum of $808, paid to Hugh McEIdery, on the
6th of July, 1840, as damages on a contract for lumber to be
furnished by him to the defendant, for the erection of an addi-
tional cotton mill, upon a contract made with him by the com-
plainant, acting in that behalf for and on account of the
defendant, but without any authority for (hat purpose from the
defendant, as the answer alleges. It appears by the deposition
of Mr. McEIdery, that the contract for this lumber was. made
in February, 1839, by the complainant with the witness, and
that this contract, after the lumber was ready for delivery, was
cancelled, at the urgent solicitation of George Williams, the
town agent of the defendant, in consideration of the payment
to the witness of the sum in question, which was in fact paid
on the 6th of July, 1840. The complainant does not appear
to have been consulted in regard to this compromise with Mr.
McEIdery. In fact, before the note was given for the payment
of the amount agreed upon, the complainant had fallen into a
condition of mental imbecility, and had ceased to be the agent
of the defendant, the note being signed by his successor, Mr.
C. D. Williams. The Auditor reports that it would seem the
complainant was not justified in entering into this contract, and
that he is properly chargeable with the sum paid. It is un-
questionably a circumstance against the propriety of now
charging the complainant with this money,' that it does not ap-
pear, at the time of its payment, to have occurred to 0. D.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 440   View pdf image (33K)
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