Page:Federal Reporter, 1st Series, Volume 9.djvu/545

 530 FBDBBAL REPORTEE. �had been obtained from a bank in Rocklimd on the note of Charles, payable to and indoraed by William H., E. K. having previously indorsedit, whereby, by the decisions in Maine, lie became a joint promisor with Charles on the note. At the same time Charles received from E. K, a bill of exchange on the Bariugs for $400. The note of $600 was paid at its maturity by E. K. Glover, who also repaid to William H. Glover & Co. the amount of the Lon- don draft which had been obtained by W. H. Glover & Co. on account of E. K. Glover. At the time Charles received these suma he gave to E. K. Glover an order on the complainants, which is as follows: �"Union Insurance Company: Please pay to E. K. Glover, of RocWand, $1,000, from proceeds of policy of Insurance No. 6,305, in my favor, for $2,500, on brig J. M. Wiswell, dated April 14, 1878. �"Eoekland, July 9, 1879. C. C. Glover." �E. K. Glover has sinee commenced an action at law in the name of C. 0. Glover against the company on this policy, and the same is now pending in the supreme court of Maine, Knox county. C. C. Glover subsequently insti- tuted a similar suit in this court, and the same is here pending. The amount to be received on said policy is by agreement fixed at $1,500, and the insur- ance company has flled this bill of interpleader against C. C. and E. K. GlQver, that their respective rights as to this amount may be ascertained and deter- mined. �E. K Glover insista that he is entitled td $1,000, and intetest upon this amount, by virtue of the order of July 9th and of the delivery to him by 0. C, Glover of the duplicate policy, the original being then believed to be lost. E. K. Glover testifles that on July 9th the $1,000 then received by C. C. Glovcr, in cash and bill of exchange, was a lo^ij made, by him to C. C. Glover, on con- dition that he would secure its payment by the order and would send him the duplicate policy, which was then at Cambridgeport'; that within a few days lie received by mail the policy, in compliance with such agreement. He denies that the $1,000 was raisecf on joint account, tb be used by C. C. Glover for the benefit of the owners of the brig in adjusting the general average charges in England, and he asserts that froni the first he, by his letters to Charles, which are in evidence, refused to have any concern in the general average claiin, and so repeatedly informed Charles after his retum to Rockland, telling him if he carried on the controversy he must do it at his own expense, and he was wel- come to everything that should be realized therefrom ; that he, E. K., would make no claim to any part of it and would have nothing to do with it; that the note of $600 was paid by him, and also the amount advanced by William H. Glover & Co. for the bill on Barings. These statements of E. K. Glover are in all respects corroborated and sustained by the testimony of W. II. Glover. �On the other hand, while C. C. Glover insists that he did not borrovv of E. K. the $1,000, but that it was raised b^ him and his brothers, to be by him expended in England in defraying the charges and expenses inourred about the general average claims, from 'which lie believed the owners of the biig would recoive a large amount from the owners of the cargo, lie is uttwly unable to give any explanation of his order for $1,000. He is inclined to ��� �