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Hazard versus Thomas C. Durant depositons, numbers 1-15, 1859-1880
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I am also instructed by the decree to take an account of and concerning all and singular the stocks and bonds in each of said defendant corporations purchases wholly or partially with the money of said Credit Mobilier and had or held at any time by said Durant or by any person openly or secretly for him or for his use; and of and concerning all profits and dividends on all said moneys, stock and bonds over and above said seven per cent interest however acquired and paid and whether in money, stock, bonds, or otherwise. The complainants claim that as the amount with which Mr. Durant is found chargeable exceeds the total amount of his stock in the Company, his whole stock should be considered as having been purchased with these moneys and that the account under this clause of the decree should be taken accordingly. But to this I cannot agree. Plainly the five per cent originally paid upon his Barnes and Hall stock was not paid from the moneys of the Company, nor was this our first payment of $47,500 upon the 500 shares. But as he retained 100 shares of this 500 and as I find that the amount paid upon these was wrongfully repaid to him in the $40,000, I consider this $9,500 as invested in this stock. I also find that the rest of the 25 per cent upon his description with which I charge him was allowed to him directly upon his stock. $112,475.
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I am also instructed by the decree to take an account of and concerning all and singular the stocks and bonds in each of said defendant corporations purchases wholly or partially with the money of said Credit Mobilier and had or held at any time by said Durant or by any person openly or secretly for him or for his use; and of and concerning all profits and dividends on all said moneys, stock and bonds over and above said seven per cent interest however acquired and paid and whether in money, stock, bonds, or otherwise. The complainants claim that as the amount with which Mr. Durant is found chargeable exceeds the total amount of his stock in the Company, his whole stock should be considered as having been purchased with these moneys and that the account under this clause of the decree should be taken accordingly. But to this I cannot agree. Plainly the five per cent originally paid upon his Barnes and Hall stock was not paid from the moneys of the Company, nor was this our first payment of $47,500 upon the 500 shares. But as he retained 100 shares of this 500 and as I find that the amount paid upon these was wrongfully repaid to him in the $40,000, I consider this $9,500 as invested in this stock. I also find that the rest of the 25 per cent upon his description with which I charge him was allowed to him directly upon his stock. $112,475.
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