WILLIAMS VS. SAVAGE MANUFACTURING CO. 317

I do not find it necessary to go in detail over the exceptions
which the counsel in this case, on each side, have placed upon
the record, to much of the evidence which has been offered
upon either side; and I deem it enough to say, that my con-
clusions upon the whole case, are founded upon proof which I
think admissible and competent, and that I have very carefully
read and examined it all.

The settlement, which it was the leading object of this bill
to vacate, bears date on the 1st of June, 1844. It was signed
by a number of shareholders in the Savage Manufacturing
Company, and by the complainant, and Mayer and Burnap, his
trustees.

The language of the agreement is: that the proprietors of
the Savage Manufacturing Company, on the one part, and
Amos A. Williams and the trustees of his estate, on the other
part, do mutually agree to settle and adjust all claims and de-
mands between them, on the following terms, to wit: It then
provides for a release of him and his estate from all claims and
demands of every kind, owing by him or his estate to the com-
pany, who engages to pay a debt due from him to Richard H.
Waters; and the said complainant and his trustees, besides
other stipulations on their part, agree to assign and transfer
unto the Savage Manufacturing Company, by a transfer on their
books, bearing even date with these presents, stock in said
company representing $9,632 32, and in consideration of the
premises, the parties agree that all accounts between them,
from the beginning of the world unto this day, be deemed finally
settled, and all claims and demands mutually released and dis-
charged.

This agreement, though dated on the 1st of June, 1844, is
said not to have been consummated by the signatures of the
requisite number of shareholders, until the 20th of July follow-
ing, on which day Amos A. Williams, and Burnap and Mayer,
in their capacity of trustees, under the conventional deed of the
complainant, and as his permanent trustees in insolvency, trans--
ferred to the defendant, conformably with the preceding agree-
ment, on the books of the company, shares and an interest rep-
27*