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Hazard versus Thomas C. Durant depositons, numbers 1-15, 1859-1880
Page 02
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said contract, upon said Hoxies being paid for all work done, and materials furnished as by adjustment certificates of the engineer on settlement made in December last, and he hereby appoints said Credit Mobilier, his lawful Attorney irrevocable to take, collect, and receive for their use all the matters and things so assigned. And for the better securing said Credit Mobilier against being made chargeable on said guaranty, by any default of said Hoxie, and against any loss of the matters and things above assigned, said Hoxie hereby appoints said Credit Mobilier his lawful Attorney irrevocable to name, constitute, employ, and at their pleasure remove, all agents and subagents which said Credit Mobilier may deem necessary or proper to conduct, manage, and do the business of constructing the rail road and other wise performing said contract, and to pay out and apply the moneys so to be advanced to the uses for which the same are to be advanced, and does hereby pledge and transfer to said Credit Mobilier the said contract and all his rights under the same as collateral security for the performance of said contract on his part, with full power to enforce such pledge, on default, without notice. The said Credit Mobilier agrees to save said Hoxie harmless and indemnified against all claims under said contract, and to pay the said Hoxie Five thousand dollars in cash and ten thousand dollars in the stock of the Union Pacific Railway
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said contract, upon said Hoxies being paid for all work done, and materials furnished as by adjustment certificates of the engineer on settlement made in December last, and he hereby appoints said Credit Mobilier, his lawful Attorney irrevocable to take, collect, and receive for their use all the matters and things so assigned. And for the better securing said Credit Mobilier against being made chargeable on said guaranty, by any default of said Hoxie, and against any loss of the matters and things above assigned, said Hoxie hereby appoints said Credit Mobilier his lawful Attorney irrevocable to name, constitute, employ, and at their pleasure remove, all agents and subagents which said Credit Mobilier may deem necessary or proper to conduct, manage, and do the business of constructing the rail road and other wise performing said contract, and to pay out and apply the moneys so to be advanced to the uses for which the same are to be advanced, and does hereby pledge and transfer to said Credit Mobilier the said contract and all his rights under the same as collateral security for the performance of said contract on his part, with full power to enforce such pledge, on default, without notice. The said Credit Mobilier agrees to save said Hoxie harmless and indemnified against all claims under said contract, and to pay the said Hoxie Five thousand dollars in cash and ten thousand dollars in the stock of the Union Pacific Railway
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