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Hazard versus Thomas C. Durant legal draft report, Providence, R.I., September, 1880
Page 10
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wrongly charged to this contract to balance the payments made to him under it; and as he has thus received this amount from this company a second time he must, I think, be charged with it here. I am also now satisfied that the draft report is wrong in allowing to Mr. Durant the whole $47500 as paid in by him towards the twenty-five per cent upon his stock. He should be allowed only the $9525 paid upon the 105 shares of stock which he retained as a part of his 6000 shares subscription. The error in the draft report occurred through oversight of the fact that the 400 shares transferred to Barnes Hall and Train formed no part of this subscription. Secondly, Suspense Account. 1st As to the item of $30081.67 On reexamination I think as claimed by Mr. Durant that the draft report is wrong in charging this amount to him. He now for the first time calls attention to the fact that Hain's affidavit shows that this sum had before this suit been repaid to the Credit
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wrongly charged to this contract to balance the payments made to him under it; and as he has thus received this amount from this company a second time he must, I think, be charged with it here. I am also now satisfied that the draft report is wrong in allowing to Mr. Durant the whole $47500 as paid in by him towards the twenty-five per cent upon his stock. He should be allowed only the $9525 paid upon the 105 shares of stock which he retained as a part of his 6000 shares subscription. The error in the draft report occurred through oversight of the fact that the 400 shares transferred to Barnes Hall and Train formed no part of this subscription. Secondly, Suspense Account. 1st As to the item of $30081.67 On reexamination I think as claimed by Mr. Durant that the draft report is wrong in charging this amount to him. He now for the first time calls attention to the fact that Hain's affidavit shows that this sum had before this suit been repaid to the Credit
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