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action agent agreed agreement alleged amount answer appear application assignment authority Bank bill brought canal cause charge claim commissioners complaint consideration constitution contract costs counsel court damages decision deed defendant delivered directed draft duty effect entered entitled evidence execution express facts give given grant ground hands held highway injury intention interest issued John judge judgment jury justice land lease legislature liable March matter mortgage necessary notice objection owner paid parties passed payment perform person plaintiff possession premises present principle proceedings proved provisions purchase question Rail Road reason received recover referred respect road rule says sold statute sufficient suit taken term tion town trial trustees void Wend witness York