Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1917-12-08
UPSHUR 4 UPSHUR. Solicitors.
Order of Publication.

j Trevor 7. Matthews vs.. Alfred NJ.
Zacharias. Frank j. Willoughby, The
Maryland Trust Company. a corpora
tion, and J Ford Hopkins.
In the Circuit Court for Worcester
County. Maryland No. 2s35 Chan
Gerry. November Term. 1917 to wit:
December 5th. 1917
The object of this suit is to procure a
decree for the appointment of re-
ceiver to take charge of certain mort
gage mentioned in the bill of complaint
and collect the money secured thereby.
and to dispose of the same under the
direction of the Court; 10 require a
certain Frank j. Willoughby to assign
said mortgage, and notes secured there
by to such receiver: TO require certain
J. Ford Hopkins to pay into Court $4,000.
or such sum as he has in hand or IL due
by him as purchase money for certain
lands mentioned in said bill; to require
The Maryland Trust Company to an
swer. under oath, the allegations of
said bill, and discover in what
manner and for what purpose and for
what amount of indebtedness said
mortgage is held by it. and whether it
has other collateral for any indebted
ness or other liability il may have
against Frank J. Wiloughby: to estab-
lish an indebtedness of 81 900 due the
plaintiff and to pay to him the same
from said money secured by said mort
gage.
The bill states:
|. That on or about the 10Th day of
April. 1915, the plaintiff was employed
by Alfred NJ. Zacharias to represent
him in certain litigation. the object of
the same being to secure for said Zach
arias, from the estate of a certain
Samuel NJ. Zacharias. deceased. farm
lying in Worcester County. known as
coax Hall and the "Cottingham
Lands" that the plaintiff so acted as
attorney and succeeded in recovering
said lands for the said Alfred NJ Zach
arias. who received deed IN fee simple
for the same.
2. That for his legal services in that
connection the plaintiff charged fee
of 81 200. which the said Alfred NJ.
Zacharias promised to pay TO the plain
tiff in cash.
3. That after the successful conclu-
sion of the plaintiffs efforts rs afore-
said, he notified the said Alfred TO come
to Philadelphia for the purpose of Oh
tanning title to said land. that the said
Alfred came to Philadelphia and was
accompanied by certain Frank j.
Willoughby. who purported To be acting
az his friend and adviser; that the said
Alfred agreed to take title to said land
and to assume the payment of certain
liens then resting upon them. to wit,
mortgage for Sl5g0 and a judgment for
$1,000 and all unpaid taxes levied upon
said property; that the said Alfred was
without ready money to pay said liens
and the plaintiffs fee of $1,000; that
thereupon the said Willoughby offered
to finance the matter for the said Al
fred. that is to say. TO pay off said en-
cdmbrances and to pay said fee o!
$1,000 and to take "A mortgage on said
lands as security for the moneys so adj
vance1; that his proposition was agreed
to: that the said Willoughby thereupon
informed the said Alfred that he would
want bonus of $1,000 for loaning him
said money: that subsequently. without
the plaintiff 5 knowledge. the said vii.
loughby went to the said Alfred. at the
latter's home in Worcester County. and
obtained from the said Alfred an agree
ment that said mortgage to him should
be for $1,000: that on or about April Z,
1916, the said Alfred executed to the
said Willoughby a mortgage for $1,000,
in which it is recited that the said Al
fred IL indebted TO the said Willoughby
in the sum OF $1,000, and the said Will
loughhy made oath that said consider
alton was true and bona iide.
4. That the said consideration of
$1,000 was pretended and fraudulent in
that the actual sum loaned by the said
Willoughby to the said Alfred was
$i04i. but the further sum of $1,000 was
included in said consideration for the
purpose Of paying the plaintiff his said
fee: and that subsequently the said
Willoughby advanced the said Alfred
further sum of $3.50.
3. That being informed by the said
Alfred that in said consideration, pro-
vision was made for the payment of the
plaintiff 3 said fee. the plaintiff requested
payment of the same from the said
Willoughby. and the said Willoughby
agreed that said mortgage would pro-
vide for the said $1,000 and he promised
to pay the same to the plaintiff. but the
said Willoughby has not paid the same
and refuses so to do and said money IL
still due and owing to the plaintiff; that
the plaintiff entered suit in assumpsit
against the said Willoughby in Balt-
more County. Maryland, where the said
Willoughby resides. and that in said
suit the said Willoughby filed an affidavit
denying that he promised TO pay to the
plaintiff on behalf of said Alfred the
said sum of $1,000. and further denied
that he owed the plaintiff the said sum.
6. That on or about May 3. 1916. the
said Willoughby assigned said mortgage
20 The Maryland Trust Company; that