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Morgan B. Hinkle, in his own right, and as Administrator de bonis non of John Fisher, deceased, Complainant and Appellant, v. Moses Wanzer, James F. Johnson, and John S. Hunter U.S. 353 (1855)

handle is hein.slavery/ussccases0209 and id is 1 raw text is: DECEMBER TERI, 1854. 353 Hinkle v. Wanzer et al. MORGAN B. HINKLE, IN HIS OWN RIGHT, AND AS ADMINISTRATOR DE BONIS NON OF JOHN FISHER, DECEASED, COMPLAINANT AND APPELLANT, V. MOSES WANzER, JAMES F. JOHNSON, ,AND JOHN S. HUNTER. Where a complainant in chancery averred that a note of which he was one of the makers, had been deposited by the holder, amongst other collateral securities, with a person who b ecome responsible for the debts of the holder; and averred further that enough had been collected from these collateral securities to meet and defray all the responsibilities incurred, the evidence showed that this was not the fact. The amount collected was not enougb, by a large deficiency, to reimburse the losses incurred as indorser and surety. The evidence is not sufficient to show that the note had been paid by another of the makers thau.the complainant; or that a release had been executeil to him by the holder of the note. The answer is substantially responsive to the charge, and denies it. Other circumstances disclosed in the evidence, sustain the answer. The collateral securities, being deposited with counsel for the purpose of paying the debts of the insolvent as they were collected, were properly held by the counsel as a trust fund, and it was correct to allow the surety to control the judgment upon the note in question. The cases examined with respect to the assignment of equitable interests and choses THIS was an appeal from the circuit court of the United States for the southern distriet of Alabama. The case is fully stated in the opinion of the court It was argued by Mr. Phillips, for the appellant, and by iM1r. Raverdy .Tohnsom and Mr. Reverdy Johnson, Tunior, for the appellees. There was also a brief filed by Mr. Hopkins for the appellant, and Mr. Chandler, for Hunter. The points which were made by the respective counsel can better be understood by giving them in connection with their own statements of the facts; and as these were short, they are inserted. Mr. Phillips, for the appellant, stated the case thus : The complainant seeks to enjoin the defendant Hunter from issuing and levying an execution on a certain judgment recov- ered in the said circuit court, on the 10th April, 1839,,by Moses Wanzer, founded upon a note signed by Thomas Long, George D. Fisher, and the complainant, Hinkle, who was a surety thereon. The note, being the propracy of one John Fisher, was trans- ferred by him, with very many others, to Gordon, Campbell, and Chandler, on the 13th May, 1837, for purposes thus stated in the receipt: The proceeds of all notes, as they may be. col- lected, are to be appropriated, by us in the payment of any demands which wa may hold against said Fisher and Johnson, upon their own debts, and not upon indorsements or liabilities for others.'?

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