The New York herald., 1875-10-24

men and Commonalty Of the city or New York, ad-
Justed the same NJ the amount respectively stated IN
said complaint caused the same 70 be paid by SIX
several warrants drawn on the Chamberlain of the
city Of New York, al the National Broadway Bank. In
the ordinary and accustomed form or drawing money
from the Treasury Of said corporation each for the
amount az which Of said claims had been ia form
respectively BY said Comptroller adjusted, and as set
forth IN said complaint otherwise And defendant
further answering says that be has no knowledge or
Information sufficient 70 form belief whether not
the said warrants were IN the OF business pre-
sented TO and paid by the said National Broadway
Bank for and on behalf of said Chamberlain Of the city
OF New York in the usual method OF paying checks
upon banks And this defendant further answering,
says that he has no knowledge or information sum
cien 10 form belief whether not the said accounts
and claims so pretended % have been sued upon and 20
have been adjusted and for which such warrants we're
SO made and paid As aforesaid were all or any Or
either OF them
FALSE, FRAUDULENT on FICTITIOUS,
and did not any either OF them represent any
claim that had been recently put In suit against
the said Mayor, Aldermen or Commonalty Of the elty
OF Rev York, OF any just real actual claim against
the said MAJOR, Aldermen and Commonaity Oh lhe
city OF Now York And this defendant FUR
ther answering says he denies that In pursuance
of the unlawful and fraudulent combination, conspiracy
and agreement between this defendant and James wat
son, as alleged In SAID complaint or "a any Vsei , %
this defendant procured the said iaise anauent
and fictitious claims referred 70 In said compAlnt or
any false fraudulent or fictitious claims 70 oe prepared
pretended sued upon Justed or paid AZ alore-
said or with the intent alleged In said complaint or
with any intent whatever obtained the said SIX war
rants mentioned and referred TO IN SAID complaint or
any or etthar of them and he further denies that no
rauduen( obtained or converted 70 MS own use tue
said Sg33 6 "A of the said corporation, any other
money or sum belonging TO said corporation or said
county; aad he denies THAI any OF the moneys
drawn the six warrants mentioned IN saI
COMPLAINT or any or either OF them, was ever paid
10 or received by him IN any manner or form
whatever And tins defendant for further and sep
arate defence heren and states upon information
and belief that plaintiff herein heretofore claimed
that James H. ngersou, John Mcbride Davidson, John
H. Keyser and James Watson, ana Others 70 TINS de.
fendant unknown were the parties TO the fraudulent
practices aSerred IN the complaint herein and partcl-
pants in
THE MONEYS OBTAINED
thereby and prosecuted otherwise pursued the said
parties and obtained from them some OF them large
amounts OF money and property applicable TO the
endorsement OF the party lawfully entitled to the same,
an discharged and released the sRera parties paying
the rom all claims on actount OF the matters
aforesaid But this defendant Is ignorant of and is
unable TO state the Of the several
parties pursued the precise terms OF the
either OF them, or tho amounts OF money or
property so received by the plaintiff But thus de-
endant will claim 10 give evidence thereof on the trial
OF this action and insist upon the application OF oil
such moneys and property as a counter claim or in
payment OF any right of action plaintiff may establish
against him this action and will also insist upon
such discharge and release extmguishment OF
any right of action herein In favor OF said plaintiff
AGAINST this defendant And this defendant further
answering each and both OF said Of action
that the plaintiffs not the real parties IN interest IN
this action and not entitled as he advised by his
counsel and believes, to maintain the same, and that
the Mayor Aldermen and Commonalty OF the
clty OF New York alone entitled 70 sue for the
OF
And for q further and separate defence to tho
said complaint this defendant alleges on information
and belief that the county of New York IS body
poraIe and potic and should be made party 70 this
action, aud thai there is
DEFECT OF PARTIES,
BY reason Of tho omission make the said county Of
New York a party defendant thereto. And this de-
fendant further answering, denies each and every ac
CATION In said second of action alleged in said COM
pant herein before specifically and expressly ad
mitted denied in this Wherefore he prays
Judgment that the plaintiffs complaint be dismissed
with costs
SwEENY ABSENT IN FRANCE
The complaint is both signed and verified by Mr. Nc
Keon Sweeny's attorney who swears the answer is
of his knowledge except the matters therein
stated TO be Information and belief and to those
matters he believes IL TO be true; that the
II is TO by Sweeny in person is that
he is absent In France having departed thence long
prior to the commencement of this suit; that in
former proceeding in which he Mr McKeonl coun-
sci for Sweeny became his duty 10 investigate the
facts contained in both complaint and answer is fam
Thar with all stated in both and from such knowledge,
we'll from received from his client and
his general familiarity with the subject matters OF this
suit he the allegations OF the 70 be true
In this suit, and Immediately following the re-
ceipt Of the by him Mr. Peckham gave notice
defendants attorney that the would be pressed
70 trial at Supreme Court Circuit the Grst Monday
ol nex month.