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IGLEHART VS. MAYER. 523 decree or execution thereon than the statements he received from complainant, most of which he has since found were erro- neous and untrue. He denies that he ever knew of the pendency of the suit of Robinson against complainant, or of his having ever given any testimony therein. He does not know or believe that his at- torney ever omitted to plead or adduce evidence in the case against him by Robinson, or neglected to give complainant no- tice thereof, or an opportunity of defending the same, or that he abandoned his defence therein, or consented to a verdict or judgment against him, or waived any decision of the court upon any points presented to it pending said trial. That he left the whole matter to his attorney, with directions to save him harm- less from twice paying this rent, and though he cannot posi- tively aver, yet he believes and insists that Iglehart, through his attorneys or otherwise, knew all that took place in said cause between Robinson and respondent at the time it took place, the object of said suit, his own interest therein, had all the means of defending the same, and yet refused to aid and assist respondent in defending the same or to defend it himself, at his own cost, as in law and conscience he was bound to do, and as respondent wished him to do. He denies that Robin- son's action could not be maintained against Aim. He does not know whether Robinson knew that respondent held this in- demnity or not when he brought suit against respondent. He admits that he always did look to Iglehart's agreement as his indemnity, and held him responsible thereon for his acts in the premises, and supposed, as Iglehart knew of this contro- versy, he would retain the money until all the suits were set- tled, or have taken security and indemnity if he had paid it away, and if respondent's attorney did not give special notice to complainant, it was because he believed it unnecessary, as before stated, or because he and his attorney supposed Iglehart had the money ready in hand to await this decision, and had no interest whatever in the suit between Robinson and re- spondent. He denies that he ever did, to the best of his knowledge, in- |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 4, Page 523 View pdf image (33K) |
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