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Hazard versus Thomas C. Durant legal draft report, Providence, R.I., September, 1880
Page 12
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charge of the bill and the terms of the decree the evidence sufficiently shows that they were procured for, or converted to, his own use -- But on further consideration I am now led to the conclusion that it does. The vouchers Mr. Durant produces for them are upon their face his own personal obligations, or at least bound him personally; for although to that for the $30000 "agent" is added to his signature, it does not appear as agent for whom it was given, nor is there any evidence of any authority from any source to give it. He says, what does not appear upon its face, that it was the obligation of the Rail Road Company; but some authority to give such an obligation should have been shown. Certainly it is not to be implied.-- The dates of these original payments do not clearly appear in the different statements of them;- but it is apparent on inspection, that none of the dates given to them in these statements agree with the dates of the vouchers now produced -- These circumstances I think are sufficient to throw upon Mr. Durant the bur-
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charge of the bill and the terms of the decree the evidence sufficiently shows that they were procured for, or converted to, his own use -- But on further consideration I am now led to the conclusion that it does. The vouchers Mr. Durant produces for them are upon their face his own personal obligations, or at least bound him personally; for although to that for the $30000 "agent" is added to his signature, it does not appear as agent for whom it was given, nor is there any evidence of any authority from any source to give it. He says, what does not appear upon its face, that it was the obligation of the Rail Road Company; but some authority to give such an obligation should have been shown. Certainly it is not to be implied.-- The dates of these original payments do not clearly appear in the different statements of them;- but it is apparent on inspection, that none of the dates given to them in these statements agree with the dates of the vouchers now produced -- These circumstances I think are sufficient to throw upon Mr. Durant the bur-
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