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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 446   View pdf image (33K)
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446 HIGH COURT OF CHANCERY.
being submitted, the counsel of the parties have been heard,
and the proceedings read and considered.
That report, and the accounts accompanying it, purports to
have been made in pursuance of the order of the 30th of Octo-
ber preceding, and as, in my opinion, it does conform there-
with, and is supported by the evidence, it follows that the
exceptions on both sides must be overruled, and the report con-
firmed.
The first exception of the complainant is to the charge
against him of $500, in the account F, with interest thereon
from the 16th of August, 1849, which in the exception is spo-
ken of as a supposed payment in relation to Heigham. It is
not deemed necessary again to go over and restate the grounds
upon which, in the former opinion of this Court, the propriety
of the charge in question is vindicated. The argument now is,
that in the cash account in the agent's ledger, there stood a
balance to the credit of cash of $562 39, and that conse-
quently, even upon the hypothesis that the agent had impro-
perly credited himself with the sum of $500, the correction
should be made by erasing said entry, or by a neutralizing entry
on the debtor side of the account, and that, adopting either
mode, there could still remain due to the complainant on the
cash account, a balance of $62 39. It is obvious, however,
that this mode of getting rid of the charge, assumes the cor-
rectness of the entire cash account, which with the exception
of the item of $500, was not put in issue. The defendant, by
the amended answer, specifically charged that the complainant
was responsible for this sum of $500, paid to the Farmers'
Bank of Maryland under the circumstances therein detailed.
The parties went to trial upon this specific allegation and none
other. In no part of the pleadings was it pretended that this
item of $500 should not be debited to the complainant, because
there stood a cash balance to his credit of a larger amount.
If such defence had been set up by the pleadings, the entire
cash account, of the complainant would have been open for ex-
amination, and it is of course impossible to say to what results
such an examination would have led. It has been several times

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 446   View pdf image (33K)
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