Page:Federal Reporter, 1st Series, Volume 4.djvu/78

 tJ4 rEDÇRAL EErOETER. ���OCfBENSBTJBG & LaKE ChaMPLATO EaILKOAD Co. ». BOSTOH & LOWELL EaILROAD CORPORATION. �( Circuit Court, B. MassachuBett». Septeraber 30, 1880.) CosTHACT — Construction. �In Equity. Demurrer. �Sïdney BartUtt and F. W. Palfrey, for complainani �J, G, Abbott, for defendant. �LowEiiii, C. J. This bill is brougbt for an accorjnt, and fcr payment of such proportion of the money lent by the Ogdensburg & Lake Champlain Eailroad Company, the com- plainant, under an agreement set out in the bill, as is due from the Boston & Lpwell Railroad Corporation, the de- fendant. �The agreement is between the Northern Transportation Company of Ohio, of the first part, and Smith and Stark, who are to act as trustees, of the second part ; the Vermont Central, Vermout & Canada, Northern, (of New Hampshire,) and Boston & Lowell Eailroad Companies, of the third part ; and the complainant of the fourth part. It is to be in force for 19 years from March 1, 1871. - �The agreement recites that the several companies own most of the line of railroad between Ogdensburg and Boston; that it is very important for them to have a regular line of steamers from western cities and towns to Ogdensburg ; that the party of the first part was ineorporated to furnish such a line, but is embarrassed, and may be unable to carry out its purpose; that, for securing this end, it is for the interest of the several parties of the third and fourth parts to lend to the parties of the second part a portion of the gross receipts from passengers and freight brought by such steamers. It ap- pears, afterwards, that this object was expected to be attained by investing the sums so paid and advanced, in the debts, stock, and bonds of the party of the first part. �The agreement provides that the parties of the first part ■:vili keep and run its steamers for 19 years to the satisfaction ����