Eccles v. Drovers & Mechanics' National Bank

Briscoe, J., delivered the opinion of the Court. The appellant, Samuel Eccles, Jr., was appointed Grand Receiver of the Grand Lodge of Maryland of the Ancient ³³³ Order of United Workmen, in the place of one Myer Hirsch, who had been removed from this position. Hirsch kept an account of the funds, as such receiver, with the appellee, the Drovers and ¡Mechanics Rational Bank of Baltimore, and the appellant, upon being appointed his successor had also opened an account with the same bank. On June 16th, 1893, the appellant drew a check for the sum of $1,919.82, being the sum appearing from his bank book, to be due him, as such receiver, which was presented to the bank, but payment was refused, and the check protested.

And this suit was brought upon the protested check to recover the amount claimed to be due thereon. The appellee filed the usual pleas of never indebted and promised as alleged, and a plea of set-off for $1,879.67, being an indebtedness on account of alleged overdrafts by Myer Hirsch, the removed receiver of the Order. At the trial, the Court rejected the prayers of both plaintiff and defendant, and granted an instruction of its own. The verdict was for the plaintiff for $40.15, a nonpros, entered, and, the judgment being for the defendant, the plaintiff has appealed.

One bill of exception on the part of the plaintiff contains all the evidence and all the prayers, and it is upon this that the questions arise for our consideration. It is admitted that the check drawn by the appellant was for the correct balance shown by his bank book to be standing to his credit, if the set-off should not be allowed. It appears that on the 23d of Feb., 1893, Myer Hirsch, receiver, had a balance of $1,776.14 to his credit, as such receiver, in the appellee bank. On the 6th of March, 1893, he made a deposit of $3,831.15, of which $831.15 was the property of the Order of United Workmen and $3,000 was a draft on New York, payable to Mrs. Mary E. Smith, and which she had entrusted to him for collection, and.which he deposited in his account as Grand Receiver, and had, as such, obtained a credit therefor.

Hirsch testified that all ³³⁴ the orders and checks drawn by him were in the usual course of his business as Grand Receiver, and all of said orders, warrants or checks were for obligations of said Order of United Workmen, excepting a check known as No. 1067, dated March 11th, 1893, for $3,000, which was drawn by him,