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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 604   View pdf image (33K)
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604 CAPE SABLE COMPANY'S CASE.—3 BLAND.

After which the defendants Thomas Barber, George Slye, Samuel
C. Love, and Luke Barber, put in their answers, in which they
state, that their several judgments had been assigned, for a valu-
able consideration, before they were satisfied, to the defendant
Carroll; and they denied all fraud, &c. It was agreed, that, the
answer filed by Richard Caton on the 23d of June, 1824, to the
bill filed on the 10th of June, 1824, should be received as his
answer to the bill filed on the 4th of January, 1823. And also,
that the answer of the Cape Sable Company, filed on the 24th of
June, 1824, to the bill tiled on the 10th of June, 1824, should be
received as their answer to the bill filed on the 4th of January,
1823. To all these answers the plaintiffs put in a general replica-
tion, and commissions were issued and testimony taken. The
Chancellor, *with a reservation of his determination of the
624 matters of the two last bills, passed the following decree
on the bill filed on the sixth of August, 1822, and the answers
thereto.

BLAND, C., 22d May, 1827.—Decreed, that the parties account
with each other concerning the matters and transactions in the
proceedings mentioned; that the auditor state the account rela-
tive thereto on the evidence in the case, and such other evidence
as the parties may produce to him on notice, as usual in such cases.
The account to be returned to this Court for further order, and
subject to the exceptions of the parties.

The auditor made and filed on the 8th of March, 1828, a report,
dated on the 20th of February, 1828, in which he says, that he
had examined the proceedings and the voluminous documents pro-
duced on the part of the Cape Sable Company; and that it fully
appears, that the necessary expenditures on account ol the com-
pany have greatly exceeded the moneys received for stock, mate-
rials sold, &c.; and therefore, that there is nothing due for divi-
dends or profits on the shares claimed by the complainants. The
accompanying statements shew, that the company is now in debt
to the amount of $34,294.91, exclusive of interest. Those state-
ments exhibit a result different in some degree from that of the
accounts heretofore prepared and filed on behalf of the defend-
ants. But this difference is to be attributed chiefly to the different
forms in which the accounts are prepared. There may be some
differences in the details; but if such exist, they are of trifling
amount, and cannot affect the substantial result. The auditor
has considered it unnecessary to institute a minute comparison
between the two statements; because, after deducting all ques-
tionable charges, if such exist, the company would remain in debt
to an amount greatly exceeding the value of all their property.
The bill contains very grave charges against the defendants; im-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 604   View pdf image (33K)
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