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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 354   View pdf image (33K)
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354 HIGH COURT OF CHANCERY.
Ben., and Samuel Brown, Jr., and it appears by the proceed-
ings in the cause that the two latter were sureties for the for-
mer, and that judgments were recovered against them all
jointly for debts due the state.
These resolutions have received a construction by the Court
of Appeals, but I do not understand the interpretation put
upon. them by that tribunal, warrants the view now taken of
them by the counsel of the parties having interests hostile to
the state. The question before the Court of Appeals was be-
tween Brown and Welch, and the state, and had reference to
the extent of the credits which should be given upon the judg-
ments against those parties as the sureties of Green. And it
is perfectly manifest from the opinion of the Court of Appeals
that all the credits to which, in their view, those parties were
entitled, were to be credited upon these particular judgments,
and that they never contemplated credits exceeding their
amount.
But the point now urged is, that according to the true inter-
pretation of these resolutions, Green, the principal debtor, was
entitled to credits going beyond the amount of the judgments
mentioned therein, and that the excess, after satisfying them,
shall be applied in part extinguishment of other claims due by
him to the state. This position, I am persuaded, cannot be
maintained, it being to my mind very clear that the legislature
never contemplated such a result. On the contrary, the credits
which the resolutions direct shall be given are specifically and
in terms applied to the judgments of the state against Green,
Welch and Brown.
These credits, it will be recollected, at least so far as the in-
terest and commissions are concerned, are mere gratuities to
the defendants, Green and his sureties, the state receiving no
valuable consideration for them of any description. They are
the mere grant of a bounty by the state, and I hold the doc-
trine to be very clear, that whatever the rule of interpretation
may bo with regard to grants by the state upon a valuable con-
sideration, and without deciding whether the construction of
such grants, and the deeds of individuals should be different,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 354   View pdf image (33K)
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