, 1873-10-07
Answer to tho Wilson Dill In tho
"Lamar" Matter.
Damages for Digging the Washington
Street Tunnel.


T., +1,n o,,;t ~ 1oly1r ri II =, ro,rro y f.t,nna
gor a. n, -,ran,-, 49, ~ ,,,,,,,e.Io
1,o r,oco,gor fros', oo,aa.,,,r - .,,
~ +i,o ,,nar J..a,,sa,,sa Gas., ~ Aao.a ~ u
In,,nt ov,od ,,,,a,, t1on, Nv tha rcxt ase
;,,,,t ,..,.a ~, o...,t .ns ' o'''.nsns
.n1o.ar. G,at.,,aa :. uaS.t'a Asus ~ ge 4toln
IT,, ~. 'N IT. tr,n., tal' n"eft, "ao
.aron,'.a '"I - -. nss!u1' uuu payng 'nas those
n,nut ~ .1,o as.a -, a.. ANU app'.ea ~ tne pay
,t1or nraaaaa,m oD'e ~ w Upany pe,oro 1ui.
'o~Ne es9".aas e"o S1oeAto'oefs' an
snt1 nraao.a c''a, ., W.. oMo''' NJ ft8gine'
a,,s, ,.a u,..t Ia'A4sa 14a''in. Messls. H'H-
.to tl,a ra,n,,, u''y 10y anuop'euness "aaIovor
aon,, .,,". '' .i,a 'nssn1n Guaunlaa nasen aa
~ ~. o'o' auue'''ooa a. ro1 eooo'ooo VI
tho, n,on ,,oi, aaa ntms anu5 ,'o oo ueny 'nns
,o csr, I " Sop""s 10 ~
t1,.+ -. .",.,i1 rs9' ~ 'Ae a".'o' Aao5 "onS
s.s taos VI otleE VI the'u ase Ill any way in~
oonted to satd Company. except for tho naseBs~
mont upon s55o00 Of tho stock, which they ad-
,o,,or fa.s, 49,, ~ @so.,e =, "oAa
.as "i.nu.u"h ,tum saio uompany " thom' or
.elsnor OF 'heil, out state TINT their connection
ana transacttona with said Company wero us fol-
aummor ~ 1eco c,,s,,,,,.,, =. 49, e - ~, ."o
ot D.ala - .o'' ouea"1'u' " 'uo 1e4uest o1 1ne
nIoo1ors IL o1 tne company, consented to act
as as sne treasurer thereof, in tho placo Of Afr.
Lis
many was in all ,,anocta 1ogallr and nro,,or,. ~
ron;vna a.a -a,, s s,,. 'es' aaa ~. p.oyetly ".
eAuAoo' A''u "e'' n"naBeu, ano that IL #onld
Esoso soana ana aa0s'ant'al company; that
and WIS in no way connootcd will, It. on;l Ind
n,tb,,n ,rh,..... - y, ...t,s ~ ~ ~ Aa'% NV
W., oo.,s "1".u'et ao.o W uo WIN .a management
@reaont "nun as 10 j. vas eoc.ea its VICE
Company had disposed of about $3.50, 600 Of ita
;capital stock and tbot On ,,or anrt =. 49,.
.an,ount hod haon MI, =, ~. ~ ~ 1ai''
'soc,r;oa a,d I'M = .a, 80 dasn aua asaAo,o
abo assets ssoooo TINT it then us,9u n~s ~ra As 1
:SG, 900, md that its stool, waR heno r1,,o;1 -
tho rato Of eaoo % mar n ont,' vve p,asea a., ss
th.n ata.uto of ,Ie Is stotn 0nan -, ,,s nnas she
,wns c1o;r,cd hu A., s'.,:.a ~ 1A''no1s, as
a larger amount OF money paid in than was
thon iii tho possession Of Haid Company, that n
meeting Of the Directors Of aaid domftuy war
called for tho purpose Of raising tho funds noe.
d easefy to comply with the provisions Of said nw
they would raiso 100000 In cash and such 60
curttes as would bo acceptable to ths Auditor
and place thn san1o at the disposal Of said Com.
pehy, there TO roman until 1t had sold sufaoiett
q ltB STOCK 40 that tho 20 per cont reaniroil by
ats charter to be paid in would roimb,irae them
when tho same should be returned to them thnt
some tlmo elapsed during which the Directors
were we're ondohvorlng to carry out this arrango-
III.
evident It could not bo brought to close in time
to meet the reQuiromBnta Of tho Auditor. ,rhnt
then 90 application was made by tho prosidnnt
hno directors OF Haiu Company to MeBBra. C,,nh.
man q Harciln to furnish said amount ~ cnsh
and securities upon substantially tho Same tor,na
aS Tue DIRECTORS had agreed to furnish tho snmn
ihat cofnmtttoe of tho Directors ,yaa m.
pointed, consisting, among others Of comna;n.
d. H4rdin, in relation to said mattors thnt aa;d
committee represented to Cnahmar 4 H. r;in r;sit,
tnaf, although tue claiin of <he Auditor wns ille
enl, ana g could % haloly .esBtct, beoauBo tho
tao paas"ge Of tho law un,cr witch thu a]aim ~ NJ
the Auditor was mafio, Il waa doa,ro i1o -
1of tue into .eosts Of TIM Gonnanv
;.Is nnd to pres >eyyo It's crodit and nrn;yd
edatoy 40 naeod oGS 'Sr aug ts ssae,n hnoa "a IN,
Gompa' .: TINT Cnsl,mnn i,avno hoon o,1ra.,;'a @ aa
thfou ,6hot the Northwest as fho Treasaror n
cue Company, way anxious for its nroanar;tv ma NJ
DO 10 aud reasonably wo!l SECURED for lis mopey: s!
that It waa thou ronrosepteJ by e.s said I9Si nnmi
mitteo, and believed by Cushtnan / Hardin. % % tat
tie money aud securities required would bo
could 10 soon ropaid to Cnslmnn 4 Har,d;m. .A .
;tlnt finally, Cuyliman l. Hardin coneontin. IL
advance slid cash and sccuritioa tn snid rnnnanr -
upon the understanding uud agreotnent thnt M
soon as said COMPANY should sell auf-
iciept of its atock en tl,at tha On nor
cent.roquired by tic charter to bo mid in sho1,id
yioid enoueh to onah1a thn romnanv ~ cnTonis
with tic law tho same should be- Yefundni, y
ICuahman l. lIarlin, That tho COMPANY tn sc.
euro Cusl,,na1, Il Hardin Tor sajd ndyanco ;nsnnd
and delivered to them j() shares ~ ntock WIZ
90 por cont Indorsoa thereon a. nail sy;t ia
agreement that the eame slould draw M diyi.
dands wt'le held by them: and thnt further In
Becuro said CuBh1nau i Hardin, a LARGO anlount
Of notes, which hnd by the Conlpauy beon taken
upon tho sale Of stock. wero nlorsea md tioI;v-
eIed to said Cushnan Is Hardin. That m
agreement IN writing, showing how said
El10,0Q0 in cash aid SECURITIES WA AT
vancod, md how it was to bo repaid.
was prepared aud executed By the prosidont
mud Secretary OF the Company, and by NiosArs'
Cushman j. Hardin and spread upou the rco.
orda. As consideration for the advance Of
Sl10,000 to tho Company, 1t was agreed tint
CuBli,nan & Hardin should subacribs for 5,50U
shares Of tho stock OF tho Company, and that
tho safno should be issued to them With 40 nor
cent indoraod thereon. Under thH agreement,
at various times between its date and April:
1871, tho entire amount OF tho $500 ehai es OF
stock waa by Cushman L. Hardin, surrendered
to tho Company and tho Company
returned the e110000 OF cash aud assots
tn Cushman i uardin anl tho contract was cau-
ccled; that tho whole arrangement waa made
and concluded in good faith, anl WAS for tho
benefit and adynlltnge of botl uolicy-holdore and