Gould-Huntington_0013
Facsimile
Transcription
[top right corner:] 8
The pool was in every way a benefit to the Texas & Pacific.
But whether that was so or not the Texas & P. [Texas & Pacific] chose to enter into it
and having received its benefit, cannot now be heard to allege
that it receive without impairing its relations to "one of the"[crossed out]
the parties to the same agreement with whom it had "a private"[crossed out]
before contracted for a division of earnings in a pool contract.
By become a member of the Trans C. Assn. [Trans-Continental Association] the Texas P. [Texas & Pacific] to
this extent modified its contract with the G.H & S.A. [Galveston, Harrisburg, & San Antonio Railway] for a
division of the earnings from N.O. [ New Orleans ] to El Paso from Jan 1,
1885.
It was a pooling contract modified by a later pooling
contract.
Case of a borrowing bond on a vessel the latest controls
Haggar case — not to be pressed.
H. [Huntington] could not be expected to pool [illegible].
South western assn. [association] of which Mr. Midgley was business oner [owner].
It is said that H. [Huntington] should not have been guarded his lines by a
stipulation in the G. H [Gould-Huntington] contract against double pooling.
Like to the case of a partnership.
Case of steam boat run of share — opposition boat
Custom of Railways to pool — Contract subject to this
practice
[left margin:] p 305
The pool was to terminate on the completion core of a new line competing
for Cal. [California] business
[written vertically on left side:]
When the T&P [Texas & Pacific] signed [illegible] Trans. C. Agt [Trans-Continental Agreement] they in effect contracted
with the earnings G. H & S A [Galveston, Harrisburg, & San Antonio Railway] should be
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