Troup v. Appleman

Brent, J., delivered the opinion of the Court. This appeal is from the ruling of the Circuit Court for Washington County quashing an attachment, which had been issued in behalf of the appellant on the 12th of August, 1878, o The appellant, about April, 1870, placed in the hands of the appellee, who was a partner with Ashury Gr. Apple-man, doing business in Hagerstown as bankers and brokers under the name of Appleman & Co., some government bonds, to be by him sold and invested in certain other named bonds, which latter bonds when so purchased were to remain in the custody of his firm for safe keeping. Whether the bonds were actually purchased, and set aside ⁴⁵⁸ for the appellant, distinct from the bonds of the firm, does not with certainty appear.

In August, 1870, the firm of Appleman & Co. seems to have been organized anew, under the name of “The National Bank of Hagerstown.” Shortly afterwards As-bury Gr. Appleman sold out his interest to the appellee, who thereby became sole owner of the so-called Bank, with the assumed obligation to pay all its liabilities. About the year 1874 the appellee removed his Bank to Washington City, and there continued the business in which he had been engaged at Hagerstown. The appellant, becoming distrustful, called upon him several times for the delivery to him of the bonds, which he supposed had been purchased for him and were still in the custody of the appellee.

After several interviews, the appellee informed him that he had sold them and used the proceeds. Afterwards, and about the 1st of July, 1875, a statement was rendered to the appellant by the appellee, showing the value of the bonds so sold, which amounted to the sum of $3900. At the foot of the statement was the following memorandum: “ A. R. A. to give his note for $3900, dated July 1st, 1875, for one year from date.” In August, 1875, the appellee, Alpheus R. Appleman, sent enclosed in a letter, to the appellant, John T. Troup, the following promissory note: “$3900. Washington, D. C., July 1st, 1875. “ One year after date we promise to pay to the order of J. T. Troup, thirty-nine hundred dollars, value received with interest from date.

A. R. Appleman, F. K. Zeigler, B. A. Grarlinger.” . This note was accepted and retained by. the appellant, and the interest upon it was paid to and received by him, ⁴⁵⁹ as it fell due on the 1st of July, 1876, and the 1st of July, 1877. The note continued in his possession at the time this attachment was issued; no offer was made at any time to return it, but at the time of the hearing of the motion to quash, it was brought into Court to be cancelled. Upon this state of the facts the greater