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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 54   View pdf image (33K)
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54 HIGH COURT OF CHANCERY.
long reposed in him, and to which he is consequently entitled
in the eye of this court.
The next transaction relied upon to justify the appointment
of another person to wind up the affairs of this partnership,
has regard to the stock alleged to be held by the firm in what
is called the Baltimore Eagle Works, and the proof of Mr. Gist.
It is said by the defendant, that an inspection of the books
will entirely and satisfactorily explain this transaction, and will
show that this stock was not partnership property, but the prop-
erty of the individual partners. The complainant's counsel re-
sists the right of the defendant to refer to the books for this pur-
pose, upon the ground that those books were not filed in the cause
as evidence, but were merely brought in by the defendant to be
made evidence if the plaintiff chose to do so. Without consid-
ering this question at this time, and conceding that the trans-
action. in relation to the stock in question requires explanation,
I do not think it can have the conclusive effect imputed to it,
and that all the consequences of a fraudulent concealment of
property are to be visited upon the defendant. It is to be re-
collected that in the paper maked exhibit A, which purports to
be a full statement of the funds and property of the firm, an
interest in or claim against this company is set down among the
assets, thus directly inviting the attention of the complainants
to it. Now is it reasonable to suppose if the fraud imputed to
the defendant was contemplated by him, that he would have
put the opposite party upon the track, by pursuing which, ex-
posure was inevitable. It is true, such fatuity is sometimes
seen in the affairs of life, and frauds apparently shrouded in
impenetrable mystery are brought to light by conduct wholly
irreconcilable with the cunning with which they were perpe-
trated. But still it cannot be denied that this pointing the ad-
verse party to the source from which the fraud, if committed,
might readily be detected, is a circumstance from which a pre-
sumption favorable to the defendant should be drawn.
One of the arguments principally relied upon to show a want
of capacity or integrity on the part of the defendant, and that
consequently he is unfit to be trusted to wind up this partner-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 54   View pdf image (33K)
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