Lee v. Munroe & Thornton

Absent. JOHNSON, J. and TODD, J. THIS was an appeal from the decree of the Circuit Court for the district of Columbia, in a suit in Chancery, brought by Lee against Thomas Munroe, superintendant of the city of Washington, and William Thornton, the survivor of the late board of commissioners for that city. The object of the bill was to obtain a discount of 3,000 dollars upon a judgment, which Munroe, as superintendant, had obtained against Lee upon his bond. The ground upon which this set-off was claimed, was this. Morris and Nicholson were indebted to Lee in that sum by promissory notes, and offered payment in certain city lots, the title whereof was in the commissioners of the city. Morris and Nicholson having paid money in advance to the commissioners, were, as they supposed, entitled to demand from them the conveyance of the lots in question, under existing contracts between the commissioners and themselves. Whereupon Lee applied to the commissioners to know of them whether they would convey the lots to him, upon the order of Morris and Nicholson. This they promised to do, and made an entry of it in their journal. Lee then agreed with Morris and Nicholson to receive the lots in payment, and upon receiving their order to the commissioners to convey them to him, gave up to Morris and Nicholson their notes for 3,000 dollars, which were the evidence of the debt. On presenting this order to the commissioners, they refused to convey the lots, unless he would pay them the purchase-money due thereon to them from Morris and Nicholson, alleging that the balance was against Morris and Nicholson in their account with the commissioners. Morris and Nicholson shortly afterwards became insolvent.