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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 508   View pdf image (33K)
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508 HIGH COURT OF CHANCERY.
making good the deficiency in the trust fund occasioned by the
abstraction of the bank stock, to the relief of Mrs. Jones also to
that extent. The banks, according to the true construction of
the opinion of the Court of Appeals, as contended for in the
third and fifth exceptions of Stockett, can only be discharged
from their responsibility by satisfaction actually made by Way-
man and Mrs. Jones, as to the extent of their liabilities. They
are also responsible each for the whole amount ascertained in
Stockett's first exception. These views appear to dispose of all
the disputed points on the exceptions, and an order may be
drawn accordingly, and referring the case again to the Audi-
tor, to make the necessary alterations in the accounts.
[The preceding opinion was delivered on the 2d of June,
1850, after which the cause again came before the court upon
further exceptions to the Auditor's report and accounts, when
the following opinion was delivered by the Judge, on the 18th
of July, 1850.]
OPINION BY JUDGE BREWER:
This case comes up again on exceptions to the Auditor's report
of June 20th, 1850, and some of the former exceptions not acted
upon. The exception of Stockett, and the first exception of
Wayman, are ruled good in part only. That portion of the
former order of June 2d, which would charge Wayman, being
founded in error as to the fact. The Auditor's report of the
2d of February, 1831, and the trustee's report of the 23d
of June, 1830, which would have shown the error, were not
among the papers selected and sent to the court, and the
Judge relied on the information of the counsel, who were also
misled. The fact is now admitted, that Wayman purchased
from Jones twenty-seven instead of seventeen shares of Far-
mers and Merchants Bank stock, and that the purchase was
sanctioned by the court. Of course, he is not to be charged
with any loss on that amount of stock by depreciation, but is to
be charged with the loss on the seven shares now agreed to be
taken as an investment at the former selling price. Wayman
will, of course, be credited with these seven shares.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 508   View pdf image (33K)
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