The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1875-03-20
The Beauties of the LaM.-TI

The Beauties of the I.aw.-The follow
ing history of remarkable case, settled at
the present term of Court, we find in Mary
land Reports, which serves to illustrate
tice which it often works. The judgment
of the Circuit Court was reversed by the
Court of Appeals, and the case came back
and has been hanging in the Circuit Court
of this county ever since till settled by
compromise this term, by the heirs of
Thomas Ricketts, paying 500. The ex-
penses of the case in the Court of Appeals
cost the defendants some 5000 and other
expenses incident to the suit will swell the
sum paid to $500; the original debt being
$50, which Thos Ricketts, was willing and
anxious to pay, but could find no parties to
whom he could legally pay it. The case has
been in the Courts forty-seven years:
Benjamin ". Jones, Erc'r Of Fran Jones,
Us. Thomas Ricketts,, Garnishee Of the Elkton
Bank.-Appeal from the Circuit Court for
Cecil county.
These we're two cases between the same
parties, tried together in the court below
upon the same evidence. The facts are
briefly as follows: In August, 1928, Evan
Jones recovered two judgments against the
Elkton Bank, before a justice of the peace,
one for $40 debt, and 5Si cents, COSTS the
other for SEQ debt, and the same COSTS
with interest on each till paid. Upon these
judgments two attachments were issued
out of Cecil county court, on the 18th of
May, 1880, and laid to the amount of SIS
in one case, and 1875 in the other in the
hands of Thomas Ricketts,, who was sum-
moned as garnishee, and appeared and
confessed credits in his hands in each case
to the amounts attached, and on the 25th
of October, 1881, judgments of condemna-
ton therefor were entered, with Sc 10 COSTS
in each case. On the 18th of October, 1913,
two writs of scire tacias to revive these
judgments were issued, and after service
and appearance the cases were continued
from term to term until April, 1915, when
the death of Jones the plaintiff was sug-
gested, and the appellant his executor,
admitted to prosecute them. The cases
were then continued until October, 1853
when the garnishee Ricketts, pleaded to the
sci. .tas., payment of said judgments in full
to Evan Jones the plaintiff testator, in
his lifetime. Upon this plea issue was
Joined and the cases tried before a jury.
Exception. The garnishee to sustain the
issue on his part, offered in evidence the
following paper" March 10th, 1872
Received of Thomas Ricketts,, thirty dol
lars and eighty one cents, in full, of two
attachments that were issued against said
Ricketts,, on account of claim | had
against the Elkton Bank, and is a receipt
in full. Eran Jones, proved the
signature thereto, and that the sum of
money therein mentioned was paid by the
garnishee to the plaintiffs testator.
The plaintiff on his part proved by his
attorney, that shortly before the date of
this receipt, witness ascertained by search
of the records, that these judgments had
been entered against said garnishee who
was able to pay them; that witness told
said garnishee thereof, and wrote letter
to the plaintiffs testator informing him of
their existence, and gave the same to the
garnishee to be delivered to said testator,
the garnishee being about to call upon him
to make some arrangement of the judy
ments; that witness delivered this letter
to the garnishee at his solicitation, and
upon his promise to give the same to said
testator before he made any settlement
with him. Evidence was also offered that
the garnshee called upon said testator, and
offered to give him $50 in full of the
attachments issued upon these Judgments
which the latter received, saying it was
money he never expected to get, and exc
cuted the receipt above stated. 1t was
further proved that the garnishee withheld
the letter above mentioned, and did not
deliver the same until after the execution
of the receipt, and upon its delivery, i'm
mediately thereafter, the testator said to
tbo tn kav oil
cred that letter sooner" but having read
it, he expressed to the garnishee his entire
satisfaction with the said payment, and
after the departure of the garnishee, re-
peated to the witness his full satisfaction
with the arrangement, and said he was
well pleased Herewith. 1t was also proved
by said attorney, that when he wrote said
letter and at the time the garnishee was
about to call upon said testator the gar
nishee told witness that he owed the Elktan
Bank about $50 or 1871 only, and had
always been ready and willing to pay it,
and would have paid it long before if he
had known to whom to pay it; that witness
told the garnishee he ought to be willing
to pay the principal and interest without
costs, which the latter said he would do,
and it was settlement upon this basis,
that witness in his said letter advised the
said testator to make. 1t was further
proved that at the time this $50 was paid
and the receipt executed, the garnishee
was abundantly able to pay the full amount
of said judgments. The plaintiff then
asked the following instruction to the jury.
That the reception by the plaintiffs tes-
tator of the sum mentioned in said receipt
and the execution of said paper, the same
not being under seal, is no bar to the
recovery of the residue of the amount then
due on said judgments, if the jury find
that at the time of executing said receipt,
there was greater sum due thereon than
is mentioned in said receipt, although they
may find that said receipt was executed by
the plaintiffs testator and he knowingly
agreed to receive the sum then paid, and
did receive it, and give said receipt in full
satisfaction, by way of compromise of the
Judgments then held by him against said
garnishee.
This prayer the court Constable, J.,)
refused to grant, and to this ruling the
plaintiff excepted, and the verdict and
judgment being in favor of the garnishee,
appealed.