The midland journal. (Rising Sun, Md.) 1885-1947, 1890-01-03
The Bank VS.. Mccoy Creditors.

, Communicated.
The Mccoy complication broke out afresf
in new place during the last few days.
While litigation is in progress between
Mccoy and his creditors in Cecil Co., the
latter desiring that his affairs be settled UP
by Trustee in Insolvency rather than a
Trustee under assignment; there is also liti-
cation opened up in another department.
When Mccoy settled for the produce Of
1888 at the contract time of settlement JAN
LIST 1889, he paid part in cash and part in
notes. These notes were taken to the Bank
at Rising Sun and elsewhere by the growers
and discounted, and as in former years were
renewed until the packing season again.
The Bank ignores any other connection
with McCoy's affairs than the discounting
of these notes for the parties who brought
them there. When Mccoy failed just prior
to the maturing Of these notes, the endorsers
either took the notes out before they ma
tured or waived protest on same and guar
anteed the payment thereof. Every case
except one was so disposed of, that of F. 6.
Fell.
Since that all but a few have discharged
their obligations by taking up these guaran-
teed notes. Mr.. Fell alone allowing his
note TO 60 to protest, stoutly resisting any
claims Of the Bank on him although he ad-
mitted he got the money for the note.
By an amicable understanding within a
day or so before the converting of the last
term of court he succeeded in getting the
President of the Bank to delay entering
suit on the promise he would see him on
the following Tuesday, Zone day after Court
opened and too late to enter suit), and ar
range for an arbitration OF the case, the SEN
sible and economical plan of settling dis
putes, although not the anti-attorney plan.
He failed to come and was heard from
through his friends that he proposed to do
nothing. The Bank being misled and hay'
ing lost six months time thereby as the
June term of court in Cecil Co. was not a
jury term, trial could not be reached be-
fore Sept. term 1889 and as their delay was
being interpreted by some as evidence of
weakness or timidity, they were compelled
to look around for redress.
AS Oxford, Pa, was more convenient for
all than Elkton a suit wasssinstituted there
but they were informed the obligation must
belong TO a citizen of that State, and the
note was disposed of TO a Pennsylvania
with distinct understanding that all the
defence held against the Bank was good
against the new owner and Mr.. Fell was de-
prived of no rights TO any set off. Regular
suit was proposed as soon as service could
be had upon Mr.. Fell, in that State it being
law that citizen OF Maryland can be sued
in Pa, fhe is found there, had summons
served on him.
Matters however took different turn and
the suit assumed the form of foreign at
tachment upon which hearing was par
tally had on last Saturday.
The Bank claims as their interest is only
that of requiring an endorser to fulfill his
obligation; they had no desire but to be
easy with Mr.. Fell in his misfortune and
made repeated propositions for an amicsble
and comfortable adjustment, only to be mis-
interpreted as to their good faith and finally
when all effort in that line failed and being
misled, resorted to the above remaining
redress