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addition to that, there is a balance of $332, which is included as an
indebtedness to Dr. Parkman ; $500 contributed, and $332 which
is still due on the $400 note. Dr. Parkman takes the mortgage for
himself, and for all the other contributors, in his own name. Dr.
Webster, in the rnean time, according-to the statement found in his
possession, made by his friend, Mr. Cunningham, had paid all Dr.
Parkman's~ portion of that loan, except $125, Which the Doctor, as a
mere act of kindness, had given up.
Now, in April 25th, 1849, the actual indebtedness from Dr. Web-
ster to Dr. Parkman was $456.27. That was made up of three
items. The old balance of $348.83, upon that $400 note; $125 of
the new loan, and from these. is to be deducted $17.56, which Mr.
Cunningham says Dr. Webster has a receipt for. Those, you will
see, are the items which make up $456.27; and they are all due at
different times. All Dr. Parkman's interest in that $2432 note is in-
cluded in the $456.27. Then Mr. Cunningham tells him,
"You owe Dr. Parkman $456.27
Mr. Prescott 312.50
Mrs. Prescott 125.00
Mr. N ye 50.00
Mr. Cunningham 25.00
$968.77."
Now, do you think that Dr. Parkman, with his habits of business,
intended to go to Cambridge and cancel that mortgage ? You will
remember that I invited the Counsel to explain this. But they
stopped their evidence at this point, and so it stands upon the papers.
Now, Dr. Parkman never intended to carry that mortgage to the
Medical College, with any such purpose. Other parties had an in-
terest here. He says, on this very note, that the other mortgage of
the $400 note is to be cancelled, when he receives $832 on the
large note. He had received $375 before Mr. Cunningham made
his examination. Then there was a balance due him, as we have
shown, of $456.27.
Chief Justice Shaw. What was the date of the note of 1847?
Mr. Clifford. It reads as follows : -
"January 22, 1847.
Value received, I promise to pay to George Parkman, or order,
twenty-four hundred and thirty-two dollars, within four years from
date, with interest yearly; a quarter of said capital sum being to be
paid yearly. JOHN W. WEBSTER.
Witness
CHARLES CUNNINGHAM."
You see that this note is at four years. That reminds me of an-
other thing ; - it was not due. " Value received, I promise to pay to
George Parkman, or order, twenty-four hundred and thirty-two dol-
lars, within four years." But a quarter of it only was to be paid
yearly. If he did expect to get his pay, what would he have done?
Would he have given up that note to him, leaving his friends to seek
their remedies as they could ? Dr. Webster had his statement from
Mr, Cunningham in April, 1849. It was a sum without interest.
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