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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 624   View pdf image (33K)
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624 CAPE SABLE COMPANY'S CASE.—3 BLAND.

the account; but so many are defective in form, that the auditor
is unable to state any satisfactory account from them. He has
found, amongst the papers filed by the company, an account which
agrees substantially with the account now exhibited. It does not
appear, * that the company ever accepted the said account;
646 neither does it appear to have been rejected. But, consid-
ering the nature of the relation which existed between the par-
ties, and the character of the expenditures made by the claimant;
and that no further account was called for by the company, the
auditor thinks, that the claim may be allowed without further
proof; at least, to the extent of the payments proved to have been
made by any of the vouchers exhibited, whether those vouchers
be in form or defective. The claimant has also filed two little
books, A and B, which are proved to have been kept by one A.
Hilgar, who was a clerk in the employ of the company, and is
since dead. The books prove expenditures to the amount of
$5,742.83; but as credits are admitted on general account to the
amount of $7,264.19, it is supposed, that the claimant can derive
no benefit from those books.

No. 15 is the claim of Philip G. Lechleitner, who was also an
agent of the company; and is of many years continuance. The
claimant, from time to time exhibited accounts current, which
seem to have been accepted by the company, and entered upon
the company's books. But those books being kept upon mercan-
tile principles; and exhibiting only general results in complex
forms, between which and simple details, it is extremely difficult
to institute a comparison, the auditor has endeavored to test the
accuracy of the accounts now filed with the aforesaid accounts
current. He finds they correspond substantially from the com-
mencement to the entry of the 21st of August, 1819, inclusive,
except in the particulars stated in the schedule herewith returned.
The charge of $394.70 1/2, as of the first of July, 1821, is sustained
by an entry in the day-book, folio 99; and the charge of f 1,381.02 1/4,
as of the first of May, 1823, is sustained by an account formerly
exhibited, and an entry on the day-book, folio 124, for $1,381.85.
The remaining charges from the 21st of August, 1819, are not sus-
tained by vouchers. The auditor has, nevertheless, for the present,
adopted the claimant's statement and allowed interest from the
10th of August, 1824.

The claimant has also exhibited another statement; in which he
adopts the balance stated to be due by the company's ledger, folio
55; reserving to himself the liberty of shewing errors, which, he
alleges, exist to a considerable amount. The auditor has restated
the claim upon those principles as claim No. 16. In the first place
the claimant adds to the balance, appearing due on the books, the
amount of additional expenditures since the last entry therein;

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 624   View pdf image (33K)
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