New-York tribune., 1875-02-13
THE COURTS.
IRwIN's ANSWER IN THE PACIFIC MAIL

lRWINS ANSNEB IN IuE IACII ~ MAIL
SUIT.
ASSERTED TO PREVENT FURTHER ACTION BY THE
COiPANY--THE MONEY RECEIVED BY IRWIN EN-
BRACED IN THOSE CLAIMS.
Richard b. Irwin, through his attorneys, Chapman
Scott g. Crowel, has made answer in the suit
brought against him in the New-IoTk Supreme
Court by the Pacific Mail Steamship Company. In
this document which is given herewith it is asserted
that A. B. Stockwell. while President Of the Com
pany, was ntrusted with large discretionary power
in the disbursement of moneys After his retire
ment from the Presidency, the then directors of tho
Company alleged that he had abused that discretion
and msapphed the funds, and they made certain
claims against him. The answer states that the
moneys delivered to Col. Irwin were covered by
these claims against Mr. SJOckwell, and that by the
settlement of the StOckwell claims the Company Is
barred from bringing suit against the defendant.
Following is the full text Of the answer:
Nelo- York Supreme COurt-The Pacific Mail Steamship
Company agt. Richard Il. Irwin.-Rchard b. IRWIN the
defendant in the above entitled action by Chapman,
Scott CrOwel his attorneys, answers the complaint
therein as follows, viz:
Frst he denies each and every allegation in the said
complaint contained. and excepting the allegations
that during the period for that purpose mentioned in the
complaint the plaintiff was and that IL IS corpora
organized under the laws Of the State OF NewfOrk
And for further and separate defense to the SAID ac-
the said defendant secondly alleges and AYERS upon
information and belief that the lt day OF January,
1872 and thenceorward the time OF the settlement
between the plaintiff and Alden Il. StOckwe. here
matter FORTH the affairs of the said plaintiff as such
corporation, were managed and controlled, by
Board OF Directors. duly elected by the stock
holders OF the said corporation, and vested with
the usual powers and functions OF directors or
managing trustees Of corporations organized under the
laws OF the State OF NewYork that during tho sane
period and until about the 26:h day Of May 1879
ore Alden B. StOckwe the duly appointed Fresi-
dent OF the said Of Directors and OF the said Pa
cIo Mail Steamship Company; that very large dlscre-
onary power regard to tho control and management
OF the alrs and property of the said Company and in
regard TO the expenditure and disbursement OF It's
funds in and about the business OF the said Company,
were delegated to and conferred upon the said Alden B
stockwen such President by the said Board OF Di-
rectors: that prior to the day Of October 1873, and
subsequent to tho mentioned IN the complaint
was claimed behalf OF the said plaintiff by the SAID
Board Directors that the said Alden H. Stockwc as
such President had abused the powers and discretion 80
conferred upon him by the said Board OF Directors az
aforesaid, and had in his official capacity mIsused,
squandered wasted and misapplied the funds OF the
said Company very large amount, and that ne
was liable to account for and make good tho sums
so misused squandered wasted, and misappcd to the
said company; that among the sums so claimed to be
due by the said Company from tho said Alden b. Stock
well were the several mentioned In the complaint,
and which were so claimed upon the ground that the
same had been delivered by the said Alden Stockwen
as such President 10 said defendant wronguly ana
in violation OF his duties in that capacity that there
| upOn and about the - day Of October 1875
full settlement, compromise. accord and satisfaction
was duly had made entered aud concluded by ana
between the said Alden L. Stocwel and the said Pacific
Mail Steamship Company whereby consideration OF
the said claims and demands OF the said Company, ana
in fun satisfaction and payment thereof tho said Alden
b. Stockwel transferred and delivered 10 the SAID Com
| pany, and the said Company received and accepted
| from the SAID Alden B. SlOckwcll property to
| very large amount (tbe precise value OF which
| the defendant is unable to state. but which he
believes and TO have exceeded the aggregate sum
mentioned in the cOmplaiuD aud Otner good ana Yalui-
bic con deratiOns fu payment, discharge sasidc-
ton and compromise OF oil the sdld calIns Ol INC sHh
company against the sald stock"c lhcIu'n- ht4l ~
mands against him the several sums OF money men
toned ia the complaint, with the uhucT'tdhoIhg dnd
agreement between the SAID company am INC sdiu Al
den b. StOckwe that by the delivering rec pt anu pay
nen OF SAID properly and other COnsiuCrdtlOHs as
aforesaid all claim or the said company IOF or ~ lcgAIu
TO the said several sums OF money mehtOheuln he com
nlaint or any OF them, ehOul1 be fully pad, eXin-
cuisBed ami discharged. and that tho sald company
cIudrd from claiming recovering the same. or from
making any clam demand IN regard to the same
"a her against smd Alden b. SOcHwel, the ucIehu-
ant or any other person or persons WhOmSOcVer.
Wherefore the said defendant demands 1udgmenI
against the said plaintiff for the dismissal OF the sap
complaint with costs. CHAPMAN SCOTT % thowELL'
DtieEdtu,'s Attorneys.
District of Coism6iq Ciyot WashnOs,n s. g.: K'cbari
r. irwin. the defendant aDOvo n4tDed, being dulI
sworn says that he has read the foregoing answer an
knows IN contents Thereon ana thl Tue SAME Is 10 "a
MS knowledge, except as 10 tuY"v u''ciS -,
are therein stated on Information and DeheT ana as 10
those matters he believes 1t to De 'r9e 1p,vrx
Sworn to before me this 10Th day February 1875, at
tho Clty sud County Of Washington, D. Cy c,,,,v
A Commissioner for tho state OF Now-York.