New-York tribune., 1874-05-08


In witness whereof, the said Company has caused this
instrument 10 be signed sy its President. and the
seal OF said corporation tO be hereto affixed. IN
H. 81 pursuance OF resolution to that effect duly
pssci by IA Board OF Directors, this 10th day OF
The Lake shoro and Michigan Southern Railway Com.
pahy' by G. VANDERBILT, President
lRErERRED TO IN FOREGOING CoMPGANr.l
W IN a OF sl50OoO secured to De pad TO the
Like ShoIe and Michigan Southern Railway Com
aud the estate Of Horace Horace F. Clark. deceased,
the said Company have released and dis,
charged, and hereby release and discharge the said
Ahgustu1 scheil and James H. BANKER, aud tue said
otdcc Cldfk deceased, and his estate aud tue exc.
cutors etc. OF said Clark from all claims, demands. and
l-plty; Whleh the said railway has against them or
eher OF them the sad Banker sche and Clark for or
oy reaon OF or account OF certain bonds made by the
from dat' and registered In the name OF George b.
the principal sum OK 81 10000 anu from ali claim de,
mAnd, aud liability which said Company has or may
nave against either OF snd parties for or by reason
being l'm0 shares OF the capital stock of the
loledo, wabash, and Western Railroad Company,
ana the other 2,jli shares OF the capital stock
OF the Lake Shore and Michigan Southern Rail
E way company, ~ ANY, which were in the possession OF
any claim Of said Company against George b. GrinneI
C2lany or any member OF sald firm, or the partners
In witness whereof the said Company has caused this
instrument to be signed by IT. President, ana
, le s,ai OF said corporation 10 be hereto
H. s. affixed. in pursuance or a resolution to that
elict duly passed by its Board Of Directors, this
- l3'h dly Or October 1873.
pany' By C; .yASDERBnT, President.
G2e'err,d 10 IN foregoing complant)
Agreement made this eighteenth day Of November.
Grinnel Coz Of the first part and Augustus scheIl,
James II. Banker, and Augustus Sche executor, and
Maria l. Clark, eXecutgx Of Horace T. Clark, deceased,
Whereas The parties OF the frat part have been de-
cared bankrupts. and II is in contempl platon effect
settlement with all their creditors so that the bankrupt
proceedings may be discharged and to facilitate that end
this present agreement Is made.
premises and the sum of 81 10 them paid agree with
the parties OF the second part respectively IN the event
OF settlement being made with their creditors so that
the sad bankrupt proceedings be discharged 70 pay 10
them follows Ffty-two thousand dollars 10 Angus
tus Sche si5 JJ 70 James H. Banker and $4,000 to said
executors, IN tAr9 equal instamens. IN two months
three mouths, and four months from the time when the
said debt SHAH be discharged vita interest thereon ut
the rate OF seven per cent per from the 5h day
OF October 1873 aud Will also give to the parties Of the
rates hereinafter mentioned, and interest froml this
an average, from the following mentioned securities
held by the creditors OF said firms respectively,
at t2. the rate Of per cent af Yorhwess bonds
at the rate Of % per cent; Mahonlng bonds
Tuscarawa Valley Railroad bonds M 50 per cent? Eyra
and Black River bonds at 80 per cent Eie and Pitts
Hartford Railroad stock at rs per ceat; Franklin Tee
graph Company stock at Z per cent and Central and
Hudson Railroad stock at 90 per cent; the interest OF
parties Of the second part IN said benefits 10 be a.
follows Each OF tho parties OF the second part one
third OF the benefit from the Lake shore bonds except
one hundred OF said bouds that from said execu.
tors SAID Augustus Schel all OF the benefit OF such Of
tho other qoads and stocks a. came from
him TO said firm or firms. including the
benefit that may be derived as aforesaid, IN excess
f1lowing-mentoaed stocks that came from the said
Augustus Schell, namely, 1000 shares Chlcag0 ana
Northwest stock az 40, and 5000 shares Unon Pacific
stock 40 and the said executors all Of tho benefit Of
such OF the said other bonds and stocks as came trom
sad executors 10 sad hrn or firms, Including the eX-
said 100 LIae Shore bonds at 30 and interest
and the parties 0f the rt part hereby consent that the
parties OF the second part take up from time 70 time,
all any OF the said stocks anu securities at the said
rates with interest a. af5resaI ani agree TO aid the
parties OF the second par by tler persona. services ana
influence taking said stocks and securities aOre
said II being understood that the parties o. the hrs
part VIII, m the contemplated settlement with ther
creditors, obtain from heu or from 40 many OF taeu A.
viii thereto, areement 70 carry the said stocks
aud securities Tor lhrte months or ah average time u
three MOntls from tEe date hereof.
Tas parties OF tae second part, in consideration Of
the premises, consent and asreo that the parties OF
the rst part tao and use all OF the stocks ana secu
them Screofr In the hands OF the paroles OF the rst
part or either OF them, including Lake shore bonds,
without any account 10 be given for the se except as
Ana It Is mutually agreed that in case said settlement
shall effected with Che crelltOrs ana the bankrupt
6p4rlte a, full and iual settlement Of all accounts,
claims and demands between the parties the rsJ part
each ~ them except tlat tic parties OK the first part
snail Doe liable % return % the Lake shore and Michigan
Southern Ei.oad Company 20lt SHARES OF tAe stoch
OF the said lt.Oned scOmpany aud lOJJ snafes
OF Toledo, wabash anu Western Railway Company
fr.t part shall remain liable 70 tue said execu-
tor End cXrclrlx fog tao lJ1a known ts !l)ttcs r.
made to G .oree b. Grnue 6 Co. Jy Horace T. CltrA IN
h- lifetime, against the following named securities a7
collateral now held Dy tle SAID executor an eA.eur'A
namely, Iloj shares Chicago and Northwestern Hi-
ai.5 uudsrsto5I that tn foregoing settlement en-
braces the olehat OF the account comlA- 10 horace l.
Clerks estate, known the clark & Oc;Ou account.
Finally, u is expressly u4Ie4sOod aat dIeeI tlHJ 'ie
signing and asserting TINS agreement by James H.
Banker shall IN Dee considered or operate 80 a
tOcEarge Aim wrh any Liability with respect 70 the ao
rendered Uv tie parties Ji te hrs Sdrl
10 the sld Lake shor, Railroad Company or 20 Clark,
s.neL tanker ts - .auEt CJMA'tt tIsstoi oI OS
construed IN any way into anrme or asserting 10 suh
account or approving OF Gehuo"ieuslAE 'ne
SAM, eilher lAd.,id OF as meniDc1 m, -, y.
such committee, or asserting To the purchases
therein appearing pupOrtu- ID hdvo Deen made for
the account OF SAID Banker or sad Citrk 9etiel' m
Banker jointly or individually, o. as sAca committee OF
ton OF the bonds o. the said Lake Shore Riroad Com
pauy the credit Of such account on applying the sIme
thereto 20 which sad Banker claims ne hsd no Know"
ledge or prior 70 the death OF Horace f. Clark and never
as-ented IN any manner to their being 20 applied
But the SAID uker JOINS In this agreement solely Tor
the purpose VI aiding IN settling the AFFAIRS OF tne pat
o the hrs part, and avoiding the trrDe losses Wn!c
would rcsul, rom tIeiF Dsns setef " tIJ ot b -
blnhrupIs Wnetcpy ne "oulu loJ Oe bc,l - Us o
friends Interested IN said estate, aud holding securities
In connection Herewith, would suffer great losses
And II sucn settlement be not male anu tie estate M
shall into bankruptcy then II Is Understood anu
agreed that ths instrument shall be Of no binding force
or validity ior any purpose ana nOtAhE eon.dS u.
shall be used or be construed as az admission or Tor any
purpose Dy either party 20 t, or by ANYBODY ese Out IL
shall be treated and considered as II 1t had never Deen
executed OF delivered or consented to by einer party
ana IL si nov operate 20 tue pttJu4AcS VI t-NnCA'
especially OF said Banker, IN matter cause OF thlng
which may hereafter arise be considered wtA respect
to any Of the subjects treated OF or affected by said
agreement.
In whereof the parties hereto have hereunto
Jheir hands aud day and year hrst above
written.
GEO. 3. GRINSTLL & Co. z. s.
GEO. BIRD GRISNELL * Co H. 81
JAMES III. BANKER. H. 81
Sealed and delivered
presence OF
ISAAC Il. MARTIN
as to GEO. b. GafSSFLT CO. ana
rBf. I. AZ u.