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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 646   View pdf image (33K)
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646 THE CAPE SABLE COMPANY'S CASE.
that the company ever accepted the said account; neither does it
appear to hare been rejected. But, considering the nature of the
relation which existed between the parties, 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 exhibi-
ted, whether those vouchers be in form or defective. The claim-
ant 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 gene-
ral 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 mercantile
principles; and exhibiting only general results in complex forms,
between which and simple details, it is extremely difficult to insti-
tute a comparison, the auditor has endeavoured to test the accuracy
of the accounts now filed with the aforesaid accounts current. He
finds they correspond substantially from the commencement to the
entry of the 21st of August, 1819, inclusive, except in the particu-
lars 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 $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 re-
maining charges from the 21st of August, 1819, are not sustained
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; say


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 646   View pdf image (33K)
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