Swift v. Manufacturers National Bank

McSherry, J., delivered the opinion of the Court. The appellant and the appellee -were t-wo of the defendants in a proceeding instituted by E. Calvin Williams and Joseph T. Moore, trustees, in the Circuit Court of ²³³ Baltimore City. By the decree of that Court the present appellant was held liable to jiay to the said trustees certain money claimed by them as belonging to their eestuis que trust, and the hill was dismissed as to the appellee. Both Swift and the trustees appealed from that decree and this Court, at the October Term of eighteen hundred and eighty-seven, affirmed the decree as to Swift but reversed it in so far as it dismissed tlie bill against the Bank.

Swift vs. Williams and Moore, Trustees, 68 Md., 236 . This reversal was based upon the ground that both the Bank and Swift were liable to the . trustees. After the opinion in that case had been filed a motion was made by the Bank asking this Court to so modify its opinion as to determine the relative liabilities of Swift and the Bank as between themselves, hut the motion was refused. Upon the cause being remanded the Bank filed a petition bringing the money belonging to the trustees into Court, and praying the Circuit Court to decree that Swift was primarily liable to the trustees, and consequently liable to repay to the Bank the funds so brought by it into Court.

Thereupon the Circuit Court passed a decree in conformity with the opinion of this Court in the former appeal and further declaring as follows: “And it is .hereby further adjudged, ordered and decreed that nothing in this decree shall he construed or taken to affect or determine the rights of the Manufacturers National Bank and the said Swift, as between each other, upon the payment by either or both of them, of the amount decreed against them, hut all questions as to the relative rights of said Bank and said Swift, as between themselves, are reserved for the further order of the Court—the Manufacturers National Bank of Baltimore having brought into Court and paid to the plaintiffs the amount of the decree.” Prom this clause of the decree, and from this clause only,