Samuel Blatchford

“ The prayer of the answer, as a cross bill, asked (1) that the new defendants be subrogated to the right of the Metropolitan Bank under the mortgage; (2) that in case the payment of the said balance of $7,640.63 to the said bank should not be held as binding on the Mastins the defendants should be repaid that amount, and interest, by the bank; and (3) that they should be repaid the amount, with interest, of all the dividends received by the Mastins on the certificate of deposit. ”

“ The payment to the Metropolitan Bank of the note, by Johnson & Crawford as its makers, operated to extinguish the claim and suit of that bank against them as such makers, and thus was of benefit to the Mastins as indorsers of the note; but Johnson & Crawford were in no different position after the agreement of October 20, 1880, was made, from what they were in before that time; for they paid voluntarily a debt as to which they were the primary debtors. The Mastins received nothing by reason of the agreement. ”

“ The firm of John J. Mastin & Co., doing business at Kansas City, was composed of John J. Mastin and Thomas H. Mastin, the former of whom was cashier of the bank, and the latter its assistant cashier. Both of them were stockholders in and directors of the bank. ”