26 FEDERAL REPORTER.
Hszsnn v. Dommr and others.
(Circuit Court, D. Massachusetts. September 17, 1885.)
1. TRITST—CREDIT ltlommnn Comumr Ann Uruon Pscrirrc Riirnnoiun Commxr
» ——Rm.mAsns.
The agreements and releases set up in the defendants plea held a. bar to this
suit, and the bill dismissed.
2. Equrrv Pmr.An1Ne—DnrLrcrrr.
A plea may consist. of a variety of facts and circumstances, and if such facts
and circumstances give as their result one clear ground upon which the whole
equity of the bill may be disposed of, the plea is not bad.
In Equity. _
Elias Merwin, for complainant.
Sidney Bartlett and R. D. Smith, for defendants.
Com, J. The material allegations contained in this bill sufficiently
appear in the opinion of the court in Hazard v. Durant, 19 Fed. Rep.
r 471. The present hearing was had upon three pleas in bar filed by
the defendants.
The nrst plea sets out two agreements dated November 15, 1878.
By the nrst instrument it is claimed that the complainant agreed to
assign his stock in the Credit Mobilier Company to the Union Pacino
. Railroad Company, and did assign to said company all claims to any
assets or property in the hands of the defendant trustees, or arising
out of the administration of the trust. By the second instrument it
is claimed that the complainant released the trustees from all errors
or misconduct arising out of the administration of the trust.
It appears that the Union Pacino Railroad had certain claims
against the stockholders of the Credit Mobilier, and it agreed with
the complainant and nve of his co-benenciaries to release all such
claims in consideration of a transfer of stock held by them in the
Credit Mobilier. The indenture then provided that as the complain-
ant and one or more of his co-beneficiaries were parties plaintiff in
two suits pending in the supreme court of Rhode Island,-—one against
Thomas C. Durant and the Credit Mobilier, and the other against
said Durant and the Union Pacino Railroad Company,-that they
should retain 10 shares in trust until the termination of the suits,
and then convey the same to the Union Pacino Railroad Company;
and it further provided that if any part of the sums recovered be col-
, lected and received by the Union racist Railroad, it should transfer
and pay over to each of the parties who had transferred to it their
share in the Credit Mobilier such proportion of the sum thus recovered
as the number of the shares so transferred by them bears to the whole
number of shares constituting the capital stock of said corporation.
Then follows this provision:
"Said parties of the second part do hereby further assign, transfer, and .
convey to said party of the first part all their respective claims and rights