The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-07-11

misapplied the same Tor tne use anu peueh
| and at the request of one Hiram ID. K1mpton
upon bill of exchange. endorsed by salo
Parker and others, for the fund so expended
which said bill of exchange, SO accepted ano
| endorsed, the said Patterson then assigned te
the said Central National Bank, leaving With
the said bank the said 100000 in certificates a.
aforesaid in pledge to secure the payment o.
the said acceptance. That said acceptance was
not naid at maturity by the said Kimpton, but
that said Niles G.. Parker paid the same, anc
tbereupon received an order upon the said
bank from the said Patterson for the delivery
to him of the said $60,000 in certificates as
aforesaid, under which order the said Parker
has received and now holds either the whole OF
large portion of the said certificates.
XI. That the balance of the said certlhcates
of Indebtedness received by the said defendant
Patterson as aforesaid, and not hypothecated
were paid out by the said executive committee
fraudulently, corruptly, and without any legal
consideration thereupon to various persons, ano
among Others to Hardy Solomons, director Of
said company, ten thousand dollars to Niles
G. Parker, fifty thousand dollars; to ID. T.
Worthington, also director, twenty Thousand
dollars; and that very large sums OF money
held by the said president and executive com
mittee for the use of said company, as we'll as
other portions of the said certificates, have been
distributed to certain others of the directors
and officers of the said company, fraudulently
and without any legal consideration thereupon
XII. That at the time of the transaction
hereinbefore set forth, several OF the persons
acting as directors of the said company, to wit:
Hardy Solomons, III. G.. Worthington and +. D.
Jacobs and others, of whom the said Solomons
and Jacobs were members of the executive
committee, owned no stock of the said compa-
ny, and were not.legaHy. qualified to act as d.
rectors of said company. =,
XIII. That by reason of the premises the
plaintiff verify believes that it is the purpose
and intention of the directors of the said rail-
road company or of majority OF them, 70
misapply and convert to their own use, regard
less of the trusts with which they are charged,
the whole of said certificates or the proceeds
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 judgment:
I. That the said directors of the said compa-
ny account for their management and dispo-
sition of the funds and property OF the said
corporation-the Blue Ridge Railroad Compa-
ny-committed to their charge; and especially
for the management and disposition of the
said certificates of Indebtedness received and
disposed of by them or their committee as
aforesaid, and that they pay all sums Of money
that may be found due from them, and the
value of all property which they may have &C.
quired themselves or transferred to Others, or
lost or wasted by any violation of their duties
as directors.
III. That the said Miles G. Parker account
for the certificates of Indebtedness fraudulent
ly received by him, and restore the same OF
pay the value thereof
III. That said directors, and each OF them.
be enjoined from collecting or receiving any
debts or demands, and from paying out or in
any manner transferring or delivering any Of
the moneys, property or effects of the said
corporation; and especially from issuing, dis
posing of, pledging or in any way transferring
any of the said certificates of indebtedness now
in their possession.
w. That tho said defendants, the Carolina
National Bank the said Niles G. Parker, and
the said Edward Wesley, be enjoined from
selling or disrosing of any of the said certifi'
Gates of Indebtedness pledged to them or any
of them.
v. That a receiver of the property and eff
fects of the said corporation be appointed tc
collect, receive and take charge of said prop.
erty for the use and benefit of the stockhold'
.. MCMAsTER & LECoNTE,
Plaintiffs' Attorneys.