The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-07

n I nd
That said money ana Inc whole thereof and is TIC
property Of paln'iif ana that the defendant bad ana
Dol hon OF 1t except custodian Tor the beneit Of
Ihira-That plaintiff has duly demanded the same
from defendant but that defendant has refused 20 pay
the same or 70 account panuf Tor said money any
fos,iA-Inat defendant has sppropriated said money
The smountof sslgt with interest thereon from the
wbeTeupon plainun demands judgment against de-
That he may compelled to account TO plaintiff for
The aforesaid amount a money received by hin II a
For the misappllcation and embezzlement Of the
'nm O. $50 90 on me ?tth day OF Nav ~
siores~ie sum Of $1JOUJ and interest thereon rom the
For such gther and further relief the Court NAV
Deem pin1n entitled 70 BY reason Of the matters ana
HENRY I BENNETT, Piairur's Attorney
TLsodor. !. johnson secretary OF the Company.
THE ANSWER.
Here get into the Old groove legal pleading from
the earliest black letter epoch down b. The present
moaning the clearness oil the counter an expanafory
Serments sei forth N the answer manifest Inc
Richard irwin the defendant in the above entitled
answers he compliant therein a. follows, Va, -
ne denies each and every aleg alton IN the said
that during the period for that purpose mentioned ia
lion orsanzed under the laws OF the state OF New
YORK snd FOR urther and separate defence TO the SAID
information and benei tlaL the Ist day Of Jan
snent between tn said psln1G and Alden B. stock Wen
hereinafter set tortn the affairs OF said painth such
corporation were managed and controlled by BOARD
directors duly elected by the stockholders OF said
81 directors managing corpora organ
I1ed under the laws Of the tate OF New York That dur
ls'3 one Alden b. stockwe the ouly 4ppoinlei
pscidc, Mail Steamship COMPANY; thar verv large
powers in regard 70 ne control ana
SAID company and in regard 70 me expenditure ana a.
,aid company delegated conferred upon IN
rid Alden b sockwe. RS sneh president by the said
s1A and subsequent 70 the dae mentioned IN The com
The aid Board OF Directors that the said Alden stock
wen such president had abused the powers and dis
Directors AS aforesaid aud had, in s official caDacity
the said company to very arse amount ana taat he
was liable 70 account FOR and maze good snis 50 miI
,ompany that among ne suns - Claimed 70 be due 70
The several sums mentioned M me compalntand w6lch
were 40 claimed upon The ground that The same had
President 10 The said aesndeut wrongfnlly ana in yos
lion OF his duties N that capacity lint theTeupln and
iul senement compromise accord and salts
and concluded ~ ana between The SAID Alden 4.
stccaweii snd me sad Pacific NAL steamship Comma,
~, whereby IN consiaeraton Of the said c'sims and
demands OF the sad compsny and u iull sanslacuon
ferred aud delivered 10 The sand company. ANA the said
COMPANY received and sccepJed from the said Alden *.
HAine ~ winch ihe defendant unable 10 stale, but
.regate sum mentioned IN the comp Amt and other
good and valuable ids rnilOnS before
charged, satisfaction and compromise of All The
caims % me said eomuany against said stockweL in.
tsdlns their demands against nim for The several sums
~ money mentioned IN the complaint With the
understanding anu agreement between the said
company AMI the said Alden Is. sTockwel. that
ly the delivery. recepi AMI payment Of the ssd
eriy and other considerations llore said eli claim
SAID company tor or n regard TO Tie said sums
of money mentioned ia the complaint 1r any ui them,
should be fully paid, cxtingushed and discharged and
the said company should De thereby barred
ureveuted aud excluded from claiming OF recover ng
same. RON making aug claim Or demand in re-
gard to the either against he szid Alden H. stock
well. The said DEFENDANT or any orer person per-
sons wnotlAoevcr. Nhereupon said defendant De.
~ the said CON plant with costs - - ,
CHAPLAIN. SCOTT 4 Crow ELL.
Defendant Attorney
uOrION TO kuEND TUE ANswrR.
rims far was followed the usual line VI lega pro
cedurp. rhe Pacific Mall steamship Company was
,hssat.sfed with the answer. and avaliing Itself Vi
~ legal preroganve sought 20 nave ne same
amen led. The following mi-sive, winch explain:
ltsef was Occordl ngly sent ~ lts attorney rlLl
Air. lrwln's COUNSEL
tsfSrIrNrN--raEe notice that upoD the pesdiDgs IN
Tins action the plaintiff viii maze MOTION before one
o the justices 81 this court sitting al Lhambers at ths
nov Court House IN the city OF New NOrK on the 2tL
rcresf motion shah be reached On tne regular
,al gf the motion calendar on that day, that
tie answer OF defendant be made more definite
ana certain In che following PARTICULARS 10 wt;-Ibai
defendant be required whether the alleged set
,riue nj CON accord and satisfaction between
tL SAID Alden ~ Stockweli and nlaunf referred w by
e4spospf ~ ne -eysDh. eshtb aud nfL iobos OF bis