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Hazard versus Thomas C. Durant legal draft report, Providence, R.I., September, 1880
Page 06
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rant. If he originally rightfully received them from the Rail Road Company they certainly cannot now be recovered from him by either Company: - But if he wrongfully received them it did not confer any right upon the Credit Mobilier to recover them from him; for they were not paid to him on its account or for its use And whether he rightfully or wrongfully received them they were plainly wrongfully charged by the the Rail Road Company to the Credit Mobilier as payments under the contract; and the action by both Companies respecting them in Sept. 1868, - the Rail Road Company in assuming them, and the Credit Mobilier in taking them out of the suspense account and charging them back to the Rail Road Company's general account, was therefore right whatever motives actuated it - The only effect was to increase the indebtedness of the Rail Road Company to the Credit Mobilier just so much in the suit which it appears is now pending between the two Companies respecting this account. And if, as suggested by the Complainants, (which however does not
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rant. If he originally rightfully received them from the Rail Road Company they certainly cannot now be recovered from him by either Company: - But if he wrongfully received them it did not confer any right upon the Credit Mobilier to recover them from him; for they were not paid to him on its account or for its use And whether he rightfully or wrongfully received them they were plainly wrongfully charged by the the Rail Road Company to the Credit Mobilier as payments under the contract; and the action by both Companies respecting them in Sept. 1868, - the Rail Road Company in assuming them, and the Credit Mobilier in taking them out of the suspense account and charging them back to the Rail Road Company's general account, was therefore right whatever motives actuated it - The only effect was to increase the indebtedness of the Rail Road Company to the Credit Mobilier just so much in the suit which it appears is now pending between the two Companies respecting this account. And if, as suggested by the Complainants, (which however does not
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