Ohio Brass Co. v. Clark

Fowler, J., delivered the opinion of the Court. John Jameson, a resident of the State of Ohio, made an agreement with the Pikesville, Reisterstowm and Emory Grove R. R. Co. to construct an electric railroad in Baltimore County, and some complications and difficulties arising between the parties in regard to the payment of claims against the former incurred in the building of said road, for which the railroad company might be answerable, the two parties on the 30th of October, 1895, agreed in writing that ³⁴⁷ all funds payable or to become payable to Jameson by the company should be and were by said agreement transferred to the Maryland Trust Company for the purpose of discharging in certain order the claims aforesaid, and then the balance, if any, to be paid to said Jameson or his assigns. On the 26th of December, 1895, the Trust Company, as trustee, filed a petition in the Circuit Court of Baltimore City, and with it the agreement we have just referred to, asking that Court to take jurisdiction of the trust fund so held by it, to the end that the said agreement may be construed, and that said fund may be distributed to those entitled thereunder, for an order authorizing the trustee to publish notice to all claimants of such fund to file their claims in that Court, and asking injunctions against the appellees Zouck & Clark to restrain them from further proceedings at law, they having both laid attachments in its hands as garnishee of Jameson. Whereupon jurisdiction was assumed, and on the 16th January, 1895, it was ordered that notice to creditors be given by the trustee.

Under the petition thus filed and the order assuming jurisdiction the Trust Company proceeded to administer the trust created by said agreement. Auditor’s Account A was filed, by which a large sum was distributed to creditors of Jameson in the order provided by said agreement. But with this account we are not concerned, as it was ratified and distribution made under it without any objection. Subsequently, however, a further sum came into the hands of the trustee for distribution, and by Account