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Hazard versus Thomas C. Durant legal draft report, Providence, R.I., September, 1880
Page 05
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that this is its necessary effect so as to conclude him against the facts. And on the evidence I find the fact to be that these four payments, aggregating the $168874.45 were made to him by the Rail Road Company not for profits under this contract, but for moneys expended, or claimed to have been expended at Washington. But the Complainants still further claim that he should be charged a second time with this amount because these payments were carried into the accounts as payments under the contract in the adjustment between the two Companies in March 1867 and there allowed to the Rail Road Company. But for the reasons indicated in the draft report I cannot adopt this view. I am unable to see that either Company is bound by this adjustment, or that through it the Credit Mobilier has so lost these sums as to entitle it to now recover them from Mr. Du-
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that this is its necessary effect so as to conclude him against the facts. And on the evidence I find the fact to be that these four payments, aggregating the $168874.45 were made to him by the Rail Road Company not for profits under this contract, but for moneys expended, or claimed to have been expended at Washington. But the Complainants still further claim that he should be charged a second time with this amount because these payments were carried into the accounts as payments under the contract in the adjustment between the two Companies in March 1867 and there allowed to the Rail Road Company. But for the reasons indicated in the draft report I cannot adopt this view. I am unable to see that either Company is bound by this adjustment, or that through it the Credit Mobilier has so lost these sums as to entitle it to now recover them from Mr. Du-
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