|
|
|
|
|
|
|
|
|
|
|
|
|
THE CAPE SABLE COMPANY'S CASE. 653
by the award is allowed in said account; yet the auditor begs
leave to suggest a doubt whether the claimant is entitled to any
preference over other claimants as to the sum of seven hundred
and fifty dollars, agreed and awarded to be paid to him for sub-
mitting to an arbitration of his claim.
This report of the auditor, as regards the claim of O'Hara, by
an order of the 24th of June, 1831; and as regards the arbitrated
claim of Lechleitner, by an order of the 22d of July, 1831, no cause
having been shewn, although notice given, was finally ratified
and confirmed; and the trustees directed to apply the proceeds
accordingly.
The auditor, in a report bearing date on the 30th of January,
1832, says, that in obedience to the instructions of the solicitor of
The Cape Sable Company, of Caton, and of Carroll, he had re-
stated the claim of Philip G. Lechleitner. Adopting his former
statement of said claim No. 16; he has credited the same by the
amount of R. L. Colt's account for P. G. Lechleitner's notes men-
tioned in the resolve of the company of the 4th of February, 1822,
and interest thereon from the 31st of December, 1821. And by the
balance of the sum of $17, 000, borrowed under said resolve for
said Lechleitner, to be used under his contract of the 25th of Sep-
tember, 1813. And by interest on said sum of f 17, 000, from the
20th of February, 1822, to the day of sale.
The auditor has adopted the statement of said claim No. 16,
because it was the more favourable statement for the parties who
required his further account. And he has confined himself to the
allowance of the credits before mentioned, because they were speci-
fically required by his instructions; and because the exceptions
filed by the defendants on the 14th of November, 1831, seem to
admit, that in all other particulars, the auditor's statement of said
claim is correct. The auditor retains the opinions which he ex-
pressed in his report of the 18th of February, 1830. And he does
not clearly perceive, that the said claim can be credited with the
aforesaid sum of $17, 000, upon any principle which will not render
the said Lechleitner equally liable for all other debts of the company.
And as it may be inferred from the instructions in obedience to
which die present account is stated, that the auditor's opinions,
expressed in his former report, are misunderstood, he begs leave to
submit the following remarks in explanation.
The opinion is still entertained, that the agreement of the 25th
of September, 1813, made the said Philip G. Lechleitner and
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
