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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 55   View pdf image (33K)
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WALKER, ADM'R OF HOUSE ET AL VS. HOUSE. 55
ship, is founded upon the supposed discrepancies in the state-
ments furnished by him to the complainants of its condition.
It is alleged that he has given statements professing to show
the indebtedness of the firm, which, whether from design or
carelessness, are so grossly inaccurate that no confidence can be
reposed in him.
It appears that very shortly after the death of Samuel House,
Sr., the complainant, Walker, called on the defendant for a state-
ment of the condition of the partnership, and upon being in-
formed that it would not just then be very convenient to furnish
it, he said he would be satisfied with a rough statement. Upon
this a statement was made out, professing to give the amount
of claims against the firm up to the 1st of January, 1848, the
period of the death of Samuel House. According to this state-
ment, which gives the names of the creditors in initials, the in-
debtedness of the firm amounted to $31,681 38. This state-
ment, which is filed as an exhibit with the bill and marked C.,
being, as alleged in the answer, found to be inaccurate, owing
to the cause therein assigned, another paper was prepared and
marked as defendant's exhibit, W. A. H., No. 2, giving a list of
other claims against the firm up to the same date, to wit, the
1st of January, 1848, amounting to $8,334 61, making an ag-
gregate of indebtedness of $40,015 99. Subsequently, about
the 12th of April last, the defendant gave the complainant
another statement of the indebtedness of the firm, in which the
names in full of the creditors are given, and amounting to
$31,255 92. In this statement, filed as exhibit (B.) with the
bill, are many items of indebtedness not to be found in either
of the other statements, and it is contended by complainant's
counsel that the items not so embraced in the previous state-
ments are distinct and independent debts, and show the firm to
be indebted to an amount greatly exceeding the first represen-
tation of its condition.
It is stated in the answer of the defendant in the reply to an
interrogatory of the bill, and appears by his exhibit, W. A. H.,
No. 5, that the sums paid by the defendant since the death of
Samuel House, up to the 3d May last, amounted to $27,775 35,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 55   View pdf image (33K)
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