Guttrue v. Langton

REMOVAL by appeal from Baltimore county court. The case as stated in the record transmitted, is as follows : “ That Guttrue, the defendant, was indebted to Langton, the plaintiff, on the 1 st of May, 1790, in 300/. current-money, and that the plaintiff, Langton, was, on the same day, indebted to a certain Humphrey Richards, in 300/. current money; that Richards issued out of Baltimore county court a writ against the said Langton, which, at August term, 1791, was returned non est; at which said term judgment for attachment was had, which was laid afterwards, on the 20th of September, 1791, in the hands of Guttrue, the defendant in this cause, as garnishee of the said Langton, and afterwards, at March term, 1792, a condemnation was thereon entered; after which condemnation the said Guttrue paid over the sum of money in his hands, to wit, the debt for which this suit is brought, on the 2d of May, 1792, to the attorney of the said Richards, who gave a receipt for the same; that the debt claimed in the said suit, is the same on which the said attachment was laid; which said attachment was after-wards, on the 30th of July, 1792, during the continuance of March term, 1792, and by adjournment to the said day of July, dissolved by the said Langton?s coming and entering special bail to the original action, and the said condemnation struck out. On which original suit a judgment was thereon had at August term, 1792; that the debt due to the said Langton from the said Guttrue, on the 1st of August, 1791, by the order of the said Lang-ton., was directed to be paid to John MiLure; and that on or about the 1st day of August, 1791, the said Guttrue had notice of such order being drawn, given him by the said Langton, and directed him to pay the said money to the said MíLure; and that on the 26th of September, 1791, this suit was commenced for the use of the said M'Lure against the said Guttrue. ”