|
|
|
|
|
|
|
|
|
|
|
|
|
648 THE CAPE SABLE COMPANY'S CASE.
day-book, folio 99. As the articles included in this account, from
their nature, and from the entries on the books, appear to have
come to the use of the company, the claimant seems to have been
improperly charged as between Messrs. Post and himself, unless
a cross entry is made, allowing him the amount as against the
company.
The fifth error alleged is for amount of two drafts on and ac-
cepted by A. Mitchell in favour of R. Caton, at four months; the
one dated the 19th of February, 1822, for $649; and the other
dated on the 10th of February, 1822, for f 623 43. In day-book,
folio 65, the claimant is made debtor to drafts accepted for amount
of those drafts, and in folio 93, is made debtor to the company for
payment of the same drafts by A. Mitchell, agent. The auditor
thinks that this error is proved.
But in the sixth place, the claimant denies his liability for the
amount of the draft for $623 43; insisting that it should be charged
in account to Dr. Troost. But no evidence of Troost's liability
has been furnished; and in the absence of such evidence, the
claimant should not be relieved from the charge.
The seventh error complained of, is for the claimant's draft in
favour of Charles F. Mayer for $50. It is alleged, that this draft
has not been paid by the company. But no proof has been fur-
nished, by which the auditor could try the correctness of this
allegation. The auditor, therefore, thinks, that the error is not
proved.
The last error is for amount of the capital furnished, or supposed
to have been furnished by the claimant. He claims for capital,
and additional capital, the sum of f 9, 166 66; and for negro capi-
tal the sum of $1, 197 70. The former sum is entered in leger,
folio 9; but he is clearly mistaken in supposing, that he has been
charged with the amount of his negro capital. The auditor has,
therefore, made a deduction only of the amount of capital and ad-
ditional capital. But to this reduced allowance the auditor objects;
because, as capital, it cannot be considered a claim on an equality
with the claims of creditors of the company, but should be intro-
duced in an account of distribution of surplus estate, if there be
any surplus, among all the capitalists. And if the auditor be cor-
rect in this opinion, the claim should be further reduced by the
amount of negro capital, to the amount of which the claimant's
advances are applicable. For the same reasons, the amount of
capital to be contributed by the claimant, viz. $10, 364 36, should
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
