Miller v. Havre De Grace Banking & Trust Co.

Collins, J. delivered the opinion of the Court. Appellee, the Havre de Grace Banking and Trust Company, a body corporate, filed a bill of complaint in the Circuit Court for Harford County against Pauline Miller and the Citizens National Bank of Havre de Grace, a body corporate, appellants here, making substantially the following allegations. On December 28, 1932, it obtained a judgment against one A. Hamlin Carver in the amount of $479.26 with costs, the judgment to bear interest until paid. At the time this judgment was obtained, the said A. Hamlin Carver owned two pieces of real estate in the city of Havre de Grace.

On April 8,- 1940, Carver conveyed these properties to the Citizens National Bank of Havre de Grace, one of the appellants here, without satisfying this judgment. • On July 13, 1943, a writ of scire facias was issued at the order of the appellee to renew this judgment for a period of twelve additional years, and the proceedings were duly completed. On April 19, 1945; a writ of fieri facias was issued on the judgment and a levy was made on the real estate hereinbefore mentioned. Subsequently appellee’s counsel was approached by Pauline Miller and by representatives of the Citizens National Bank of Havre de Grace and various conferences were held for the purpose of settlement of appellee’s judgment. Finally an agreement was reached whereby the judgment was to be settled and satisfied by the Citizens National Bank of Havre de Grace paying to appellee the sum of $300 previously paid it by Pauline Miller in part payment for one of the lots, and by Pauline Miller paying appellee an additional sum of $300.

On May 23, 1945, counsel representing Pauline Miller advised appellee’s counsel by letter that the settlement heretofore agreed upon could not be carried through because two small judgments totaling about $75 had been ⁶⁸¹ found against A. Hamlin Carver, and further because in the renewal of the judgment against A. Hamlin Carver appellee failed to make either of the appellants parties as terre tenants, and that therefore a motion would be filed to quash the aforesaid fieri faenas proceedings. Upon receipt of the letter dated May 23, 1945, appellee’s counsel communicated with Pauline Miller’s counsel by telephone and these two counsel reached an agreement whereby the appellee was to accept $479.26 and costs in the amount of $19.25 and the judgment was to be satisfied. This agreement was evidenced by a letter written on May 24, 1945, by counsel for appellee to counsel for Pauline Miller, one of the appellants, and filed as Exhibit “C”. The letter was not addressed to the other appellant, the Citizens National Bank of Havre de Grace, but contained the following statement, “I naturally assume that you will arrange with the representative of the Citizens National Bank to have the executed Deed at the above referred to meeting so that th matter can be concluded when we meet.” The bill alleges “that it will be noted by reference to complainant’s Exhibits ‘A’, ‘B’, and ‘C’ that no complaint whatsoever was made by the Citizens National Bank of Havre de Grace as to the settlement, they being willing to pay the money which they had on deposit to the credit of Pauline Miller to your complainant in consideration of the settlement of the judgment of your complainant versus A. Hamlin Carver heretofore mentioned, and in further consideration of the release of any claim which your complainant had on the real estate heretofore mentioned An appointment was made by appellee’s counsel with Pauline Miller’s counsel to consummate the transaction at a certain time and place and Pauline Miller came to the appointed place at the appointed time and stated that she was ready and prepared to carry through her part of the settlement.

Although the appellee has always been ready, willing, an able to carry out the agreement evidenced by its letter of May 24, 1945, the appellee is advised that the Citizens National Bank of Havre de Grace ⁶⁸² is unwilling to comply with the terms and conditions of the agreement. The bill prayed that the agreement made on May 22, 1945, as amended by the further agreement made on May 24, 1945, be specifically enforced and that the Citizens National Bank of Havre de Grace be required to pay to the appellee the funds it had on hand to the credit of Pauline Miller, and that Pauline Miller be required to pay unto appellee the difference between the amount paid by the Citizens National Bank of Havre de Grace and the amount of the judgment and costs, waiving any interest, namely, $214.89, as agreed to by counsel for Pauline Miller and accepted by Pauline Miller. The prayer also asked for further relief. Seperate demurrers were filed by each of the appellants to this bill of complaint.

On August 29, 1945, the Chancellor sustained the demurrers and made the statement, “Bill does not lie at this time. Should the Complaint show loss later, then will consider on the facts presented. Bill retained.” Subsequently, on January 2, 1946, the appellee filed in this case a petition in the nature of a supplemental bill in which was recited the filing of the original bill of complaint, the filing of the demurrers, and the order of the Chancellor on the demurrers. Further, that Pauline Miller, one of the appellants, filed a motion to quash the'writ of fieri facias.

Further, the Court (in law) on or about the 6th day of December, 1945, granted the motion of the appellant Pauline Miller. Further, “That at the hearing on the motion of Pauline Miller held on or about the 29th day of November, 1945, it was proven that Pauline Miller, one of the Defendants in the above entitled matter, had on deposit with Citizens, the other Defendant in the above entitled matter, the sum of $299.50, and it was further proven that the said sum had been deposited by the Defendant, Pauline Miller, with the Defendant, Citizens, for the purpose of purchasing the property described in Paragraph 2, Sub-Paragraph (a) of the bill of complaint in this matter.” It further alleged that the .appellee had ⁶⁸³ sustained a loss by the quashing of the writ of fieri facias and asked the Chancellor, in accordance with