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652 THE CAPE SABLE COMPANY'S CASE.
eighthly, Because it declares, that Lechleitner and Troost are not
respectively, or in any way to be considered as partners of The
Cape Sable Company, or of the persons composing the association
incorporated as The Cape Sable Company; or that any agreement
of them, or either of them exists as stated.
Leonard Foreman, Benjamin Welsh, and James N. Sangston,
rely on the first, second, third, and fourth exceptions of Lechleit-
ner; and aver, that their respective claims are fully proved, and
are not barred by the statute of limitations.
Gerard Troost relies on the first, second, third, fourth, and
eighth exceptions of P. G. Lechleitner; and also excepts to it,
because it insists, that his claim ought to be lessened by any
deduction for capital, additional capital, or negro capital; and
because of its denying the sufficiency of his vouchers fully to sus-
tain his claim.
And William O'Hara also excepted to this report, other than so
much of it as relates to the judgment claims. First. Because they
are not proved according to law. Secondly. Because they never
had any legal existence, Thirdly. Because they are barred by
limitations. And he also relies on all the objections made by the
auditor against the claims therein mentioned.
The claim of Philip G. Lechleitner for an allowance out of the
proceeds of sale for certain fixtures to which he asserted a right,
and which were included with the property sold, having been
referred to arbitration, the arbitrators returned an award; which,
by an order passed on the 27th of April, 1831, was finally ratified
and confirmed.
After which the auditor made another report, bearing date on
the 19th of May, 1831, in which he says, that he had, at the in-
stance of William O'Hara, stated an account between the trustees
and the estate of The Cape Sable Company, whereby the proceeds
of sale are applied to the payment of the trustees' allowance for
commissions, the costs of this suit, the claim of William O'Hara
for poundage fees, as directed by the order of the 15th of Decem-
ber, 1828, on $26, 410, the appraised value of the personal estate
taken in execution at seven and a half per cent, on $26 67, and
three per cent, on the residue. And on $432 87, the balance, as
real estate, at three-fourths per cent.; amounting to $796 75;
with $7 26 costs of his petition; and the sums awarded to Philip
G. Lechleitner, leaving an unappropriated balance of $20, 164 98.
But although the whole of P. G. Lechleitner's claim, as adjusted
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