The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-14

money Transferred n them FOR tAs payment Of the Cali
iors,s interest in New York ~hi'a they rAed 70 GER
l. they say the bond given 10 she State Treasurer was
delivered Is an escrcw-At s on ihs Implied condition,
required BY law that the should be approved
by The Governor Of the State OF California which never
having been done, Vie writing obligatory was not 40.
wholly sonuled ana vacated, and therefore not
shsr bond, nor arr they oelgsc TO peyn
shs pIsiutin's decisrsron mentioned were mot
Nse civil fund bonds ana coupons OF the Sls.s Of
Oaffornia snd that no ,uch bonds and coupons wsre
then and there In e1stez by authority OF lag. aad
therefore tho holders OF such coupons 10 said declaration
meattoaed were not emitted be paa any au or sums
Of money tor the same Therefore shoy say thy have
mot broken the covenants any Of than said writing
obligatory set forth.
4 rhsy ssy that Of the time Of tbs execution aud 10.
gutne OF the said OWL fund bonds the Slate Of CALIFORNIA;
was indebted moro than the Of hundred thou
and dollars over and above any debt debts created
o. portion Of said bonds ssned account Of any
de6s ncprred By said State for war or to repe
which wss authorised By any law for some single object
or work distinctly apeclned therein. and which Wa SUP
itscd 70 the people ct genera. election before y 700.
oeCt and The Pefore the state did not owe sald pon
and coupons In said declaration mentioned, aud the
holders thereof mol entitled to the pay meas Of the
e. They answer that they 60 not know, and' there,
fore deny that the said coupons for tue interest npon the
payaos in the city Of New York the ist day Of Jay,
ass wsss is1 Ns Ss
pSu sssarsa IN ssa p.n and
also That before Tine commencement Of this SUN they
nave had thirty coupons being the coupons OF the
sa,d oyu fund bonds Ia said declaration mentioned,
setting forth the numbers and amounts-al which cou
pons sbey bring int court and offer to deliver the
came TO she plaintiff; and,
s. The defendants say thst the plaintiff ought mo-! to
recover the State OF California before aud o. the
aime OF the commence OF this suit and Sill Is,
indebted TO them In Q much larger Of money than
chss 90 duo owing from them to the SAID plaintiffs.
that say, In the Of eighty thousand dollars,
being the amount Of sixteen warrants drawn the Tfss
sury OF said State on the 4tb or December 1885, by
samuel Bell who was then Comptroller OF State, eaoh
for the sum Of i've thousand dollars In favor OF one
James Smiley who endorsed and delivered the said war
PANTS to ho defendants setting forth the number Of the
warrants. They also the State them IN sddi
sonai suM OF 900 for the rent Of room, being the
seooud story Of the California Exchange In San Francis
co. for state srmory for military purposes which Sums,
am being unpaid and due them, the defendants, exceed
ahas which they 70 the Safe; bat they are willing
che same or 90 much - may be necesssry, shall be
allowed aad set OF against what they owe on the SAID
bond.
Tho dsseadants also that the plaintiff not repre-
seating himself priva.e Individual In prosecuting this
quit bot public oioer, 10 viii, Treasurer Of the
State OF California which oce the said plaintiff held at
ana before tho commencement Of this suit and Of and
before The execution OF the said writing blgasory and
vad plaintiff brought and proseculas said suit not FOE
his own behalf but for and 10 eeha and for the Of
aid state Of California ara All III. @ a.. aesendents
se rsdy 70 verify Wherefore. they pray gmen., 10.