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Hazard versus Thomas C. Durant legal draft report, Providence, R.I., September, 1880
Page 07
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appear in evidence) The Rail Road Company has by lapse of time or otherwise lost its claim upon Mr. Durant for them, that confers no new right upon the Credit Mobilier to recover them. But as to the $136000, (the remainder of this $304874.45) the facts are entirely different. This was paid to Mr. Durant by the Rail Road Company on account of these profits only - His own account (Hardy depositions Ex No. 8 (Calhoun)) so credits it and it is not otherwise anywhere accounted for; - and therefore, as stated in the draft report, having been received by him as profits, he received it for the Company, and must be charged with it accordingly in addition to the other amounts, with interest from November 9th 1864 - its average date - The Complainants also claim that he should be charged with the $49176.86, and the $74542.49 contained in the account as stated by Hain (C.P.T. p 37); indeed they now claim that he should be charged with the whole residue of the $967068.62; that is that no sums entered in this account as disbursements
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appear in evidence) The Rail Road Company has by lapse of time or otherwise lost its claim upon Mr. Durant for them, that confers no new right upon the Credit Mobilier to recover them. But as to the $136000, (the remainder of this $304874.45) the facts are entirely different. This was paid to Mr. Durant by the Rail Road Company on account of these profits only - His own account (Hardy depositions Ex No. 8 (Calhoun)) so credits it and it is not otherwise anywhere accounted for; - and therefore, as stated in the draft report, having been received by him as profits, he received it for the Company, and must be charged with it accordingly in addition to the other amounts, with interest from November 9th 1864 - its average date - The Complainants also claim that he should be charged with the $49176.86, and the $74542.49 contained in the account as stated by Hain (C.P.T. p 37); indeed they now claim that he should be charged with the whole residue of the $967068.62; that is that no sums entered in this account as disbursements
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