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128 SALMON v. CLAGETT.
That before as well as after the execution of this deed, Salmon
to the defendant Thomas Clagett, goods to a large amount,
for all which he took notes from Thomas Clagett; which several
notes became due and payable at different times between the 20th
of May and the first of September, in the year 1828 And be-
tween the first of April and the 9th of May of the same year,
Salmon lent to Thomas Clagett a large amount of money, and in
addition to all this, Salmon lent his notes, the one of the 12th of
March, and the other of the 19th of April, 1828, payable at three
months after date, to Thomas Clagett; which Salmon paid as they
became due. Upon which three several grounds, including a debt
Collected by Thomas Clagett, and house-rent due from him, this
plaintiff avers, that his claim amounts to $1,648 34.
That about the first of May, 1828, Thomas Clagett stopped pay-
ment and failed in his business as a merchant; and therefore, he
made and executed a deed, on the 17th of May, 1828, whereby
he conveyed to Henry Readel and Daniel Cobb, the stock of goods
and property, of every description, belonging to him in the store
then occupied by him in the city of Baltimore, and all debts, sums
of money and claims due, owing, payable, or belonging to him ;
and all books, bills, notes, evidences and vouchers whatever,
touching or concerning the same, all which property was particu-
larly described in a certain schedule, or inventory, then in the pos-
session of Charles Salmon; to have and to hold the same in trust
for the benefit of the creditors of the said Thomas Clagett.
That, on the 26th of the same month, an agreement was entered
into in the following words:'We, the undersigned, acting as the
representatives of the creditors of Thomas Clagett on the one
part, and Charles Salmon on the other; have agreed and do
hereby agree to the following arrangement, and bind our respec-
tive principals to comply with and fulfil the same, viz:
'1st. A correct inventory of the goods shall be taken by two
persons appointed by each party, at the cost, or such prices as the
have been invoiced at by Thomas Clagett; provided they
have not been set down at more than the actual cost of the same.
* 2d* The books, notes, and other evidences of debt, shall be
forthwith put into the hands of Charles Salmon, who shall use all
due diligence in the collection of the same. All the personal and
real property of said Thomas Clagett, excepting clothing and
watch, shall, in like manner, and in good faith, be put into the
hands of said Charles Salmon, and valued by disinterested per-
sons, and received by said Salmon at such valuation.
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