Page:Federal Reporter, 1st Series, Volume 2.djvu/286

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

8UTHERLAND ». STRAW. 279 �and on the twenty-sixth of December last varions documents were executed between them; six being made by the com- plainants, in completing such settlement, and two by the respondents. By one the complainant, ■with Chapin and E. B. Loring, in consideration of $8,000, released to Straw ail of lot 15, with aU machinery and fixtures connected -with the quarries. �This deed was recorded January 13th. Sutherland also executed at the same time an assignment to Straw of ail claims or causes of action in a certain biU in equity pending in the circuit court for the Massachusetts district. No. 1,273, against Abel Howe and others, with ail right to any sums of money to be realized from said bill in equity. By the same instrument the complainant sold, assigned and transferred unto Straw ail rights, claims, demands, actions or causes of action against both of the respondents in this bill in equity, now before this court, No. 216, together with ail sums of money, benefits or advantages which can or may be obtained by reason of said bill in equity, and also assigned, sold and transferred unto Straw ail rights, claims, demands, actions or causes of actions which he might have against said Albert W. Chapin in a certain action instituted by him against Chapin, October 7, 1879, and ail sums of money, etc., which can or may be obtained by virtue of said suit. By the same inetruments Sutherland constituted Straw his attorney irrev- ocable to prosecute, compromise, re-assign or discharge said bills in equity, suits, writs, or to consent to the entry of any and ail judgments, orders or decrees thereon that he may desire, and to appoint other attorneys with like authority, savingi said Sutherland harmless from ail costs or damages ; and the instrument concluded by a covenant on the part of Sutherland to deliver up to Straw ail letters, papers, deeds, etc., relating to the matters thus assigned to him. �The third instrument thus executed was a general release by Sutherland of Chapin and Straw from ail causes of ac- tion, claims or demands, excepting a note of Chapin for $500. The uext instrument. No. 4, was complainant'a transfer and assignment to Straw of ail causes of action ����