310 HIGH COURT OF CHANCERY.

was stated to be $7685 98, to which his said brother, acting
for the company, had undertaken, upon the pretence, that he,
the complainant, had, in some respect, violated his duty to-
wards said company, of his own motion, without foundation,
proof, or authority, to mulct him in the sum of near $2000
and that swelled the amount which it was pretended he owed
the company, to the sum of $9632 32—that influenced by the
representations made him by the said Nathaniel, and incapable
of the mental effort necessary to look into his own concerns,
the complainant united with his trustees, in transferring to the
company, that amount of his stock on the 20th of July, 1844,
insetdement of said pretended claim against him, which, by
the merger of so much of the stock, reduced the capital of the
company by that amount.

The bill, then, after particularly pointing out the alleged er-
rors in the accounts of the company against the complainant,
and averring, that upon a true and fair settlement, there would
be found a balance due him, alleges, that his said brothers,
George and Nathaniel, well knew that said accounts had been
improperly adjusted, and that he, the complainant, was induced
by solicitations and menaces, which in his enfeebled state of
health he was incapable of resisting, to transfer stock in said
company at the par value thereof, in satisfaction of said pre-
tended balance; and the prayer is, that said settled account may
be opened, and that the complainant may be permitted to sur-
charge and falsify the same, as well in the particulars men-
tioned as in all others which may be made apparent in the pro-
gress of the cause—that an account may be taken, and that if
anything shall be found due from the company, they may be
required to pay the same—and that if the complainant shall be
found to be indebted to the defendant, the former, upon the
payment of the same, shall be declared entitled to a re-transfer
of his stock, and for general relief.

These seem to be the material allegations of the bill, filed
with which, as exhibits, are the accounts upon which the settle-
ment is charged to have been based, with another exhibit pre-
pared according to the complainant's view, by which one of