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WILLIAMS VS. SAVAGE MANUFACTURING CO. 311
the accounts, upon which the settlement is alleged to have been
founded, is so essentially altered, that instead of showing a
balance due from the complainant to the company of $5302 56,
there seems to be due from the latter to the former, the sum of
$3374 34.
It appeared also, that, upon the application of the complain-
ant for the benefit of the insolvent laws in 1843, Messrs. Mayer
and Burnap, the trustees named in the conventional deed of
1840, were appointed and qualified as his permanent trustees ;
and it also appeared, and was so charged, that, prior to the
filing of the bill in this case, the complainant filed his bill
against the said parties as his permanent trustees, alleging that
all his debts were paid, and praying that his said trustees,
might be directed to release and reconvey to him all the prop-
erty vested in them, by deed or operation of law, 'and his ap-
plication for the benefit of the insolvent laws, except such parts
of said property as may have been conveyed or transferred by
said trustees in the execution of their office. And the Chan-
cellor, on the 11th of December, 1845, passed his decree, by
which, the said Mayer and Burnap, as permanent trustees,
were directed to convey to the complainant, all the property of
every description, which had not been disposed of or otherwise
affected by said trustees, in the performance of their duty as
trustees under said insolvent laws.
The answer of the company denied, in very explicit terms,
the various charges of fraud and imposition alleged in the bill,
and gave a full detail and vindication of the several items in the
accounts which had been assailed; giving the detail and ex-
planation, however, under a protest tfcat it was not necessary
for the purposes of the defence, and only because the answer,
if such explanations were omitted, might, in that respect, be
deemed short—the ground taken in the answer, being, "that
the agreement was not based on any audit or statement of ac-
counts, between the complainant and respondent, or, in any
asserted ascertainment of claims against the complainant; it
being intended to be, and being in fact, a compromise of all
disputes as appears upon the face of the agreement.
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