Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-04


cent. on the whole amount involved in the So
called l0an-in fact, as his statement shows
it must have been at least l2i per cent on an ay-
erage: 80 that in the above transactions in four
months he would make, besides usual interest
more than S2 600 and have the means furnished 10
make II on. But the worst feature by far Is. that
y the enormous amount Of checks so issued to
said SaN,or rather deposited with him in trust
by the pretended representative Of the corUo-
ration were, in large part, If not all, sold be.
fore, by the terms of the contract he had anv
right 10 issue or dispose OF them in any WAY.
In the above transactions checks were signed
by the sO-called Recorder and cnuntcrsignc,
by the sO-called Mayor, and by W &. kinney
a. mayor pro tenn calling Tor $40, OU = and
these were deposited by the said Allen with
the said Sax, As property Of the corporation of
Nashville, 10 secure the payment al maturity
oi the various notes which had been cNecuted
m the name OF compliments corporal ion.
These notes would fall due. respectively.
June 2-5, July A., July 25-'S July 1916 July
1919. Aug 1876 Sep. 8-G. Sep lO-I3 Sep 1876
sept 27-3U, Oct 1913, oct. 1915 1853 and Nav
M-l5, $50. And, by the terms OF the contracts
none II these checks pledged as coliateraIS
could be sold till default was made to nav tLc
note at maturity. Yes COmplainaHt> find many
OF these very checks in circulation, which they
identify by their dates. numbers and amounts
anu the names 10 whichand amounts on which
theE were issued For instance, OF the checks
ISSUED 10 julius SAY. 30 IN number. Tor $500
each. dated Feb Il 1863 from Nos 4 4Gg to ! 81
inclusive, 'On account Of bills payable" two
OF these checks, namely, Nos tg7 and 400
were already IN CircuIt on. and suit was
the Clrcnt Court Of the United states, in the
name OF Matilda C. Dodd the writ aud dCcla-
ration being issued in March within about
one month Of the making of the checks
though the note Tor the payment of which
they were pledged, did not mature till Aug
1916 following. And Judgment was obtained
against the corporation on said checks ON the
llth OF May, 1869, the facts of the manner in
which the check had been fclOuiouzly issued
by SAID sax. having been concealed from the
alto neys representing the corporation IN said
ended 4
acting with him, refusing taudulcntly to pei
mt proper deienscs TO be made. The said
Alden and his pretended city Council I'M an
answer flied in the ChanceTy Court of David
son county, have since admitted that they re
fused 20 allow the plea OF usury TO bc fled or
at least did not in any case file IL, because IL
successful in such a defense no more money
could be borrowed. Some Of the CUrpOratOT~
employed counsel to defend this suit and 9th
ers OF the same character. at the term of the
court when this Judgment was rendered; and
SAID attorneys desired TO file pleas OF non Is.
Ta't1Ia and usury in this aud other cases; but
they were prevented by the refusal OF said
Alden aud those controlling the city govern
ment, the pretenders aforesaid. And the said
Siias Allen expressed great indignation at
the time 10 the draughtSm an Of this bill that
any real defcnses should be made. because. rs
he SAID, n successful, no more money could
TIE borrowed. And so. 10y these fraudulent and
Ssloneous means, this unjust judgment was .
obtained against cOmplanInts corporation
COmplainantS should have before stated, and
now allege, that a large portion Of said uuau-
81 the Chairman OF the Finance Committee,
without other authority, were not counter
signed by said Alden, the pretending Mayor
hut by one W. q Kinney. as Mayor pro tan |
and that the two checks Tor $500 eaCn, Nos |
3 Az and 4,499 above spoken of upon which |
. Judgment was 50 obtained. were vpuuteTsI-nCa |
. by said Kinney only. And Of the check
pAedEed with the said JUlu- SaN. Jan De-. |
1873, To secure note OF Slufu'aU July lg-l"
complainants lind that one OF them. NO 4. 1e-.
Tor 81 COZ, had been disposed OF aU1 =U.
VI a. e. 90 q
cult Court vs.. Complainant Corporation. oh
March 10, is69, IN the name Of " NJ Han o.
citizen of the State Of Mississippi. JudE-
nent was obtained ON this also, May lU 1863
under the same Circumstance u- in the above
case The checks deposited with said SAY
were frequently made payable G. the names oil
fictitious or unknown persons, and complain
ants believe those deposited With him March
TO- 1863, TO secure the payment Of the note
above stated Of that date, parable sept l'-l..
lSi3 were made payable 10 Henry Grcenur,
Or bearer; and two Of these check dated
March IL, 1853, for 81 900 each No. 81 and
: S23 signed by W. Mills, EeCprIcr aud the
said W. &, Kinney, as Mayor ,ro tan we've
sued on in the same COurt, March Us. only six
days after their date III the name oi VIM G.
BaTrOWs as citizen OF Maine and Judgment
obtained - in the other cases Two OF the
checks pledged with the sand sax, April T..
lsJ3 10 secure the note Of S25 Joo, due oct Is
Is were sold by him TO "a widow lady. " Ha
had earned "a little money by hard WORK
Mrs. Elizabeth Plummer) in time Tor them O.
be put an suit (as was done at the MAJ term
The suit ls now pending In said court on SAM
checks, being Tor 8 O91 carh. one OF IA"
checks pledged with said SAY. i,n 4, 10 secure |
the payment Of the note luT g. uNU due July IL
lS69 to wit No 4,294 FC5 l-ig counter
signed only bv the saIu Kinney. loT SEQ was
put in suit and judgment obtained thereon
before Ernst Pohl. Justice ui line Hcac, for Ia.
VIdsOn county, N favor OF one L. A. >HuirTS
against the Mayor and titv touncil Of Nash
Ville tcb. II, lsG9, which Judgment o. ~lIl AN.
satisfied. one OF the checks deposited with
l. % Il I H.l
due Nav 1918 1850 was Uut lu suit before
said Ernst POhl, j T., as ItOrea gIt, aud jUug
tnent obtained thereon NAV -. lsf9 against |
said corporation, in favor Of ". -. Patton
SAID check IS drawn in favor OF Fred. Bright
bearer, May l. lsn9, N". 55l2; and The |
Judgment !, Tor s+50Hl AMI ,p~l--.mDgnt OF |
check also On. \ check pledged with sand
sax, MAY T. lSt9 10 secure "a note due MAY
I2-l5, 1870, dated May y, lSGa No 5f7&, paHa- |
BILE 10 Gustavus Moore. or bearer. Tor $50. was |
sued before a :. Thumeck, now deceased, /
who was a Justice of the Peace for Davidson /
county and judgment obtained against -Iid |
corporation, IN favor of Al Bo-tIck. june &
still unsatlsheu.
Another check deposited with said Sas, in /
all res poets as the last, same date no 5IlI. |
for S45O rayable 10 Fred Bright uI bearer |
was sued before same Justice amt Judgment |
June {, 1859, against same, IA favor uI NJ. Ba--
rick for sl6l % and costs. Sull m~at-u,l.
Another check. deposited with said SAX. |
MAY y, 1869, 10 secure the payment a. mote !
due MAY -, 1870, being Gated Man j., l~ta |
or bearer, was put an SUIT and lu iEwcnt obj |
tanned against said corporation for SI-u aDauI |
costs, in favor Of ". u. Patton MAY 81, .s.T |
before T. w BrieH, J I. Ton davidson county. |
which Judgment is still ursatl-ira
Another check, deposited with sand say. Nay |
u 1863 20 secure note due May - -, l~.u. |
drawn payable 10 GustaNus Moore UrfhcaTvr,
MAJ u, 1869 No. . AZ, was put in suit before |
same Justice, and Judgment obtained against |
same In favor OF w. ID. Patton, May Sd. ltUi, |
for S45l IS and costs, which Is stll UusatI-ucd |
Another check, executed Feb. g. lStg, and /
then deposited with said SAY Go secure the |
payment OF a note due July a., 1859. check |
No 4. Isl payable 10 Julius say on bearer, lul 4
s510 was sued out before W q. Wilkinson. |
Justice of the Peace in and for paNI d>ou coun- |
", and judgment obtained against said corpn.
ration in favor of ii. y. Earhart for 5000 und |
costs Feb. 10 1862 which is sim unsatislcd
The following judgments have been rendered |
on the docket Of the said W. IL. Mllkln>yn /
aRainst the Mayor and City Council OF Nash
We in favor Of J. &. Fisher, ON checks which /
had been deposited " it'll the said Julius SAY, /
TO secure the paymcHt OF notes which had not /
matured when the sand Judgments were rcn-
dcTed, 20 wit:
for $500, both rendered Feb. IT, ls6H on checks /
executed Feb. f. 1863 and deposited 20 secure /
note due July a. 1863.
Judgment Q ,4Sl, for $500 rendered Feb 10. /
1869 same as above.
Judgment q ,4iU, OrS1JO, rendered Feb 80 ls'A,
Judgment 500, for 500, and Judgment 6-0l.
for $500, both rendered Feb. -, and are same
Rendered Feb -. G.5-9. for $40. ON check far
$500. dated Feb. l3 1869, and couutvI>iguri ya-
lyby W. Z. Kinney.
ON check tbr $500. dated Feb. deposited Go |
secUtfe note due Feb. A. 1869
GUdgmeut 6 5'A, for 500, rendered. Feb 4r
on check OF 500. dated Feb i.. l~.' counter /
signed only by W. L. kinney, aua deposited |
with that IA Judgment q. E5n 90 secure n''y Aug /
1915 1863
rhprk for s-nn dated Feb. j.. fT.t. ltH8 as .a.I i