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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 76   View pdf image (33K)
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76 HIGH COURT OF CHANCERY.
of whom is given, with the respective sums due them, amount-
in all to $11,964 36.
At the same time he forwarded to the several creditors, spe-
cified in the letter, orders, all dated 31st of March, 1850, upon
Gibson for the respective amounts due each of them. The
following is a copy of the order in favor of Rieman & Sons, one
of said creditors.
"SAN FRANCISCO, 31st March, 1850.
P. GIBSON, Esq.
Pay to order of H. Rieman & Sons, out of proceeds of draft
to your address, of A. M. Van Nostrand, on Ward & Price,
(bankers,) New York, eleven hundred dollars, and oblige your
ob't serv't, JOB. W. FINLEY."
The form of the orders to all the other creditors was to pay
"out of any money collected from drafts on New York and
Baltimore."
The drafts on the bankers of New York were duly paid at
maturity, that on Baltimore was dishonored and protested, and
Gibson refusing to accept or pay any of these orders, filed his
bill of interpleader against Finley and the several creditors,
praying that they might be required to interplead and settle
their rights as to the fund in his hands, the proceeds of the
New York drafts, and for an injunction restraining them from
suing or otherwise troubling him in relation thereto. The
opinion of the Chancellor was delivered in this case on the 4th
of March, 1854.]
THE CHANCELLOR:
But a single question of law is submitted in this case, and
that arises upon a state of facts about which there is no dispute.
Upon a careful consideration of these facts, and the written
arguments of the solicitors of the parties, I am of opinion, that
the money received by the complainant upon the New York
drafts should be distributed, pro rata, among the creditors men-
tioned in the letter of Joseph W. Finley to him, of the 31st of
March, 1850.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 76   View pdf image (33K)
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