Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-21

testimony. ard was occasionally relieved by
Messrs. Underwood, FIhelc and Noble The
reading Of the dispositions of James K
Lanrdon. Lansing Mills. H. C. lockwood,
T. ". PARK. J. Q. Hoyt. Geo N. Rice,
Jacob Estey. j. W Hickok- hnowlton .
Chaffee (of Cambridge. Mas J. oeorge
Gregory smith and John Il. fege ocea-
pied ali the forenoon and IN the midst OF
tine last named the court took q recess ior
dinner
ARGUMENTS OF COUNSEL
NJ. Fiheld opened MS argument Tor the
Smith board by rccountIuE the history oi
the subscription of the , 300 share through
error or misunderstanding and the suDse-
quent purchase of the same By the company
and the reissue on the 18Th Of May iast-
Speaking Of the meeting on the directors
cars. he claimed that the car was Dulls ior
that purpose, and the meeting was held n
the line OF q tour OF inspection previously
appointed. Going baek 10 the Original
subscrIptlou of the stock Of the Central Yer
mont ne said that Mr. Park accidentally
su bscribed twice for certain parties. and
afterwards. discovering the error, they wish
ed 10 be relieved Of il md he took It OF
their hands. About ~ months Afterwards
he transferred 1t 10 the company. and the
COMPANY held II until the 18Th Of Nav last,
when they sold 1t to Messrs- Lansoon and
Mills. tie did not think II would be Sc
rlousiy questioned but that company NAV
buy lis OWL stock 10 secure q debt against q
stockboider. But the other SIDE Will say
that TINS never was stock. therefore the sub
seuuent reDurchase YVES only form oil con
collation.. But It tcGs stock. and the record
i consistent only with the idea oi keeping
the capital good. But they Will say on the
other side that there was no legal transfer
10 the company. the bylaws providing the
method which was not complied with ~
regard 10 TINS stock. But when tins tram
action occurred no stock certificates nal
been issued. Therefore the Dv-laW could nos
be technically complied Win nut hE1 Inc
stock hOlcers no rights Ol COURSE lhel
nad 9 right 10 sell tnelr stock Gnl 70 IRAN
Ter il Dv such practices or course OF business
a. were usual with the company. but ms
opponent will say tnat Il the company oWf-
ed tins stock, thfv mad got 70 sell d isgall
fatal This involves the history OF tnat
dlrectors meeting On the cars IL was very
urgent that the request OF the ermOui and
Canada directors 70 nave 3 note deposited
Tor the payment becoming due them on the
Governor smith saw D. way O. 90
II bat L. nave the directors meet
al Bellows Falls the nezr Gay. Inc
reasonableness OF notice is governed ny
emerrencles Here Wa tine emergency ,
what more could the Governor 90 II there
mad been abundant time % Call meeting Of
Stockholders. II would nave been ms Guty 70
take IT, Il be ha1 waited untl the next
dav, tney would nave na1 uu- 81 n0ur. Inc
Oniv tnlnr be could Do. therefore. Was O.
cal. J. meeting ny telegraph. The other
slde claim further That tic aul1urn-
ment 81 Below Falls Wss AleE--, Decaus=
there WAS no quorum and tuey could mol u
business The real question l whether
they could adjourn O. another place tie
cited & New YORK authority % Snow tnat q
quorum can adjourn &c another place IL @
quorum can. . minority can. because r1ev
nave the same power OF adjournment that q
majority ma NJ Page says. now could
ne Overtake Us Ine train l- be 1l1 uo-
nv. and by senoIng Telegram o. Esiey &
come 70 81 A.Dan- ny way % Ill44nl, De
shows That be iwznte1 o. defeat e meeting
But Estey got aboard a. " lu1sor and tnat
MADE E mslorIty Ihs Jaw is tlat vote ol
q majority BINDS tine corporation. Inc
great question. however Ard the one %
which ne mad INTENDED o. spend most VI his
hours q 10 what j. before ms court lie
read iron High on Extraordinary heme-
dles a. TO tne practice IL England n Re
gard T. QUO lrcrrGEi1 WIS. the substance
OF " men was tnar the court VI. n0t permit
the fling Of the Ini0rmEtiCu unle-s % is
necessary toy the protection % nights tnat
cannot De otherwise reacle-. Ar. lnel1
briefly reviewed the ease IL this state
All fta~
The common law D.. therefor uur only
guide. and tn4- W. give time ilr answer
II the court sna--. ID TIE exercise 1t IIs dr.
crat0u, grant leave O. file the information
Nov A-. Page Esks yol g. interfere Win a
receIYersnIp. and tnat. Too. wneu another
election vii occur o. l-u 1aY- IRON KRIS
time tie. c0nsplrlng Will Messr-- Bar
low an brooks TWa ul the most outrage
Gus easmles that Governor Smith nll. uy O
sly purchase Of STOCK Gul l1 bal llItn t.
Governor smith. undertook e. c1- control
OF tnls trust had he succeeded. the chan
callor would nave been asked WITHIN twenty
i0ur hours % remove lle Central srmOnt
IRON me recelTsrsnlp an- could be have
refused t2lIng u Ms stock operation,
Page nov comes . tins court. Win AL his
BAD iaItn up0n his hand lul VIII pre-
tended board of directors ua-l 49, o. suit
himself. ana seeks % nave the c0uri deliver
the trust. bound nan1 ana foot. o. the Eut-
and RAILROAD Before tae court seconds
such 81 IniGm0us scnem-. -et -- inquire
Cul naE0
Judge Poland offered rls opinion or
Judges Eschald and Pawn. given o. the
request OF the smith board lass spring. a.
a authority ilr Ihe court O. c1n~I1e-
Chief ustica Pis-p0Int salt th4t as the
opinion could n1t be regarded Is author
Iry. the court would Let receive b. Is this
time