The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-03-24
iooo 10 S1O,VUU.
From the Inter Ocean, 23d.
THE R., RI. & ST. L. R. R.
AGAIN.
Judge Drummond Decides
the Claim of H. Ell. Porter.
A Compromise Of the S245, 900 Claim
Against II. Z. Body, Of New
York, also Proposed.
And all Parties Interested to Show
Cause March 80 why it Should not
be Settled.
The T., r. I. & st. LII. z. Porter's
Claim for cars, and Il. Il. Boody's
Prosecution.

In the aase of the Union Trust Company
against the Rockford, Rock Island &
st. Louis Railroad Company, two matters
OF Importance we're dealt with in the Unit
ed States circuit court yesterday.
JUDGE DRUMMoND
had before him the petition of H. II. Por.
ter. There had been conditional sale of
over $4,000 of cars of different kinds, on
Oct l, 1869, by the Barney Il Smith man
utacturlng company, of Dayton, Ohio, to
the Rockford, Rock Island & st. Louis
Railroad, Of which one-third was paid
down in cash, and the balance secured by
notes. The contract provided that the
cars were to remain the property of the
B. Il 5. manufacturing company, the ven-
doris, until all paid. After another third
of the amount due had been paid the notes
for the remaining one third, representing
$4S, ,960.67, were. on July 2S, 1871, sold
and assigned to Sam Nj. Nickerson, pr,si-
dent of the First National bank of Chica-
go, who In bis turn assigned them, togeth-
er with the contract, to III. III. Porter. the
petitioner. Porter then made a contract
with the railroad company by which they
agreed to pay to him certain rental for
the cars until paid for, and considerable
amount of such rental was actually paid.
Mr.. Porter, in February last, came into
court and filed his petition asking TO have
the cars delivered up to him under the or
iginal agreement assigned to him.
The court decided that MIR. Porter could
not have the rental Of the property which
had been paid him and the remaining one
third OF the purchase money of the cars as
well. He could be placed in no better
position than the Barney & Smith manu-
featuring company, which has sold the
cars. On payment, however, of the one
third of the purchase money due-from
which might be deducted what had been
paid for the rental-the railroad company
was entitled to the cars in controversy ;
and the court directed the receiver, MIR.
Ferry,to pay the one third of the purchase
money remaining due and take the cars.
THE CLAIM AGAINST Fl. II. BoODY
1t will be remembered that the Rock
ford, Rock Island H. St, Louis Railroad
had commenced suit in New York, AGAINST
Il. IL. Boody, the former treasurer of the
company, to recover some $245,O alleged
to have been embezzled bv him in various
ways. MIR. Ferry, the receiver, filed YES
| terday, in the United States circuit court
a petition asking to be allowed to com.
promise the claim against Boody.
He displayed an affidavit of Walter S.
Cowles, the confidential adviser and at.
torney OF Boody, who stated that his ellen,
was hfty-nlne years old; that he was jr
ill health, and was utterly insolyent, ano
depended on his daily exertions for his
support. Mr.. Ferry then went on to say
that it would cost $4,000 cash down to try
the suit; that r. r. Cable and H. Fl
Kennedy had given bond In 500. 900 ir
the suit, and that the railroad compan,
had conveyed to Henry Curtis, Jr.. O.
Rock Island, large amount of valuable
property 10 trust to indemnify the sureties
against any loss. This property the re
ceiver could not lay his hands on until the
bonds were Cancelled,
Although Mr. Boody was good for moth
ing, a nephew of his, one d. A. Boody
had stepped forward and offered to conye,
to the receiver 320 7-l0 interest in 57(
acres of coal land in Pennsylvania, for
release of the claim against his uncle; ant
he offers to pay all unpaid costs excep
those of the plaintiffs attorney, and to re
lease the sureties and give up the prop
erty.
Mr.. Ferry then goes on to say that tn
coal lands in question are represented t
him to be worth $15O,OOO. He furthe
insinuates that Mr.. Boody's evidence an,
his account books arc of the greatest valu
to the companyin resisting the heav
claim of Max and Henry Bulge, Leo Leh
man, and Jacob Schiff against the com
pany. If Boody can be settled with, the
his books and evidence can be obtainee
MIR. Trumbull, the solicitor for the Uniol
Trust Company, says Mr.. Ferry, is agree
able to the compromise.
JUDGE BLoDGETT
entered an order calling on all parties il
terested in the above to show cause on
before the opening of the court on Mare
80, inst, why the compromise so urge
should not be made in the terms set ou
in MIR. Ferry's report.
INSURANCE AT ACTUAL COST.
!, LESS THAN HALF THE USUAL EXPENSE
GALL at th- Office of S. M. HARRIS. No 10 III
~ nois street. tup stairs and get Life Insure