The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-07-03

to the amount of 81, ,157, 900 OF said cer-
tional Bank. body corporate by the
laws of the United States, about S47, 900,
for loan of $40, 900; to the Central Ma
tional Bank about $50, 600, for loan Of
$50, 600; to the defendant, Edward 3.
Wesley, Of the city and State Of New
York, about 81, ,O05. 900, for loan of
S343 900; and the remainder to persons
unknown.
TX. That the moneys received by the
said Executive Committee as aforesaid,
in the hypothecation of the snid certiti-
Gates as aforesaid, amounting in all to
about the sum of $4,000, have been
fraudulently misapplied by the said CON-
mittee-the greater part thereof to their
own use or the private use Of their iudi-
vidual members, and to other illegal pur-
poses.
y. That upon the maturing Of the OBJ
legation to the said Central National
Bunk, for which 100000 OF said certiti-
Gates had been hypotheoated us afore-
said, said John j. Patterson, as Presi.
don't OF said company, had in his hands
funds OF the said company sufficient to
meet the same; but instead of so apply
ing the said funds, he. the suid Patter-
son, fraudulently misnpplied the same
for tue use and benefit and at the re-
quest of one Hiram II. Kimpton, aud
the defendant, Niles G. Parker, taking
the acceptance of the said Hiram II.
Kimpton, upon bill OF exchange, en-
dorsed by said Parker and others, for
the fund 80 expended; which said bill OF
exchange, 80 accepted and endorsed, the
said Patterson theu assigned to the said
Central National Bank, leaving with the
said bauk the said $50, 600 in certificates
as aforesaid, in pledge to secure the pay
ment OF the said acceptance. That said
acceptance was not paid at maturity by
the said Kimpton. but that suid Niles G
Parker paid the same, and thereupon
received nn order upon the said bank
from the said Patterson for the delivery
to him of the said $50, 900 in certificates
as aforesaid, under which order the said
Parker has received aud now holds either
the whole or largo portion Of the said
certificates.
XII. That the balance of the said
certificates Of indebtedness, received by
the suid defendant Patterson as afors.
said, and not hyp0thccated, were paid
ont by the said Executive Committee
traudulently. corruptly, and without any
legal consideration thereupon to various
persons, aud among others to Hardy
Solomon, Director of said Company.
$40. 900; to Niles G. Parker. $50, 600; to
ID. Il. Worthington, also q Director,
2O.OOO; aud that very large sums of
mouey held by the said Presidunt and
Executive Committee for tho use Of said
Company, as we'll as other portions of
the said certificates, have been distri-
buted to certain others of the Directors
and officers of the said company, fraudu-
lently and without any legal considera-
tion thereupon.
XII. That ut the time of the transac-
tion hereinbefore set forth. several of
the persons acting Us Directors of the
said company. to.wit: Hardy Solomon,
Il. G. Worthington aud l.. s. Jacobs
and others, of whom the said Solomon
and Jacobs were members Of the Execu-
tive Committee, owned no stock of the
said company, and were not legally
qualified to act as Directors of said com.
pany.
XIII. That by reason of the premises
the plaintiff verify believes thnt it is the
purpose aud intention Of the Directors
OF the said railroad company, or of
majority OF them, to misspply and
convert to their own use, regardless of
the trusts with which they are charged,
the whole of said certificates or the pro-
ceeds thereof, without paying any of the
debts of the said railroad company, or
otherwise applying them to the use of
said company, to the great and manifest
injury of the said plaintiff and all other
stockholders Of said company.
Wherefore the plaintiff prays judg-
ment:
I. That the said Directors of the said
company account for their management
and disposition OF the funds and pro.
perty of the said corporation-the Blue
Ridge Railroad Company-committed to
their charge; and especially for the ma
nagement and disposition of the said
certificates of Indebtedness received and
disposed of by them or their committee
as aforesaid, md that they pay all sums
of money that may be found due from
them, and the value of all property
which they may have acquired them
selves or transferred to others, or lost or
wasted by any violation Of their duties
a5 Directors.
II. That the said Niles G.. Parker nc
count for the certificates of Indebtedness
fraudulently received by him, and re-
49, H..