Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-07

the party WHO discovers ne mas been
defrauded seeks not to defy the instru
ment to which he has become a party
and decide for himself and ask the
court to protect him in deciding for
himself,as they do here, how much of II
and under what terms he will perform,
but he must affirmatlvely apply on his
own suit for the court of justice to give
him redress, by setting aside and vacat-
ing that instrument which was built
up upon the foundation of untruth and
that he cannot be permitted, when he is
called upon to perform upon his side,
to go into court of justice and say,
Il will modify this contract | will
not pay what | agreed to pay" because
in something which was related to this
contract, but not part of it, you have
done me wrong.
| have said this, not for the purpose
OF showing that these gentlemen are not
only entitled to prosecute this defense,
but to say that they shall not be left
Insecure now as they claim, for what
ever it may turn out in the end they
shall be entitled to. SO We have Of
Tered, and we offer now and again. to
give to your Honor, and to the party
upon the other side any amount Of Sc
curity, be il one million or two mil
lions, that whatever sum of money
they shall establish upon the
principles of law. in this court or
in any other, to which this
case may be carried, against Us in re-
spect of this transaction, shall be
paid forthwith. And if they will be
good enough to do the same thing by
Us and give US bond which shall be
satisfactory to your Honor, in the nee
essary amount of millions to secure us,
Boosting here, as | was very sorry nv
brother Fifield did that it would be the
longest lawsuit we had ever seen" be-
fore we got to the termination of it; if
we can have security, that when in the
end it turns ont we are entitled to re-
dress, there shall be something to get
that redress out Of, we shall be salts
fed.
We think, if it please your Honor,
We are clearly entitled to get this tenn
porary redress and get protection IN
precisely the same way Judge Poland
gave it TO the Vermont and Canada
railroad company. And think if we
have that relief instead of its being
the longest lawsuit we ever saw a.
far a. we are concerned, il will be the
>peediest one.
But my friend, Judge Poland, save
that Chancellor Poland's decision
hasn't any bearing upon this question |
That that case was entirely distinct |
and different. Here is the answer up
on which Judge Poland pronoupces The |
Vermont Il Canada road was leased to the /
Central, and for the security for the pay |
ment OF lis semi-annual rent il was pro
slded In the contract, or deed Or lease that /
If the rent should not be paid at the end of |
Tour months, the Canada should be entitled |
10 take possession aud to run and operate
It's road and the Central also, till it got
enough 10 pay itself, and then, of course il
would have 10 be surrendered again. They
asserted thai this rent had not been paid
That four months had elapsed, and they
asked Tor an Injunction, and if they could
not get that, for a receiver.
Mr.. Edmunds here stated the substance
OF the answer in the old case showing va
rOus affirmative deiences, etc.
The statement OF the defense come ri.hl
10 this. They say that nothing Is due for
rent just As these gentlemen, defendants here
SAY, almost in the very words, not BECAUSE
they have performed The lease according 90
IFS Terms, by paving on the days, but nothing
IS equitIoly due, because. We have,at your re
expended IN building this vtry road fog
watch You demand rent OF Us. S554, 900,
when tue amount of your rent now due, Is
only about SlO0VN, 0r something like
that. That was the defense. NOW eau
your Huuor,can any mIu With candid SENSE
-4y that thu answer docs NOT make 81 ease
stronger hy iaf The defense than this ans
Wer maA,s here: ItAtrr- that as ID part of
the very undertaking, mot outside of 10, the