The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-03-01

lpl on, Hnu mo hluua WlTri eHdt .,' 't.'i
lWN 10 pc v ca ana ahned by lnH ui-..i,',
u HrNfrIhh ~ hu Httd rnuBlue n''t y
eil1 1mrany brlp.e tpe 10 uf r I, n mo
ihat op February lO la-I .hsM4u.
d 1ihuur % pnfrutuor q. ul1rnntrapt AZ '
81 Wllh y ava 40, nYu main. lt ,t.
nu Mr' uHht ~, uuuui tht ia .,g' An lNt.
plnpYh q WufiR g. 90 lhn Ak v.t ~
mort ilBa ON NJ dur Huid nrntrr "a we
rnlnpn'Nn ~ aald u ~ lye mlls uf ~
h.tln com. quenop ar b rction. n,.
81 the parties 40 iutprHtl lo mo tnn, ,,''N
Wnlel men had boon made hy ihs XXX slB'
fUAl company previous 10 tho lOib a th'
iuun,gi to, a., ~ Mhs hllhllged that the said
mortgage ~ May, folio Ing, ana Nm, hNM
mort shHe huHpenled lH tlib pinintn' VIZ
not eonhanl, he had Ion ntlas on ~
evening ol lnr unN NO receive HidI n wy Wv
~ MI, daHlun Tor thn huuda nom N. wv lul
SON for his hHmu in N Louis, ana itnv,1l'
order wiz ms ny NJ IA i COS. iu ua Wv Wv
Bel thu non s, aud uppused hi ngentH
no nnhnr unll informed some time allsr io
Plain 10 says IN I said 4 II morlg.,.,..
gDOl uul Vul'd mortgage, ANA tn,,9 wy
entitled 20 thehiAty'twO thousand dbl
niht WollElbn bonus upon II, or n tUat mort
gage IN 10 - inst No rs uauo lleI I,, ""y ~
mortgage executed subsequently nv uq
company hH Hubatltu e. thor ,iof tbgt ~
10 equ y aud gpld son olouc he iirutit'g
h,u nNua,' HlA IN mo one ANA OAusr,f
tug OOl II ne llrst mortgage BOND. frnn,
o., one thousand dollars ei0h, l,stlrI
u e'd mortgage upon Il ~ hvo m,I. n M
mat on hoald Of February, syl n..,a
NJ Iold'rln lnlWtoto win fbe k,n'u
rolling MN company uiores4d itr Ky
purchase %. tnrfl ti.ultn M .IfrI'.,Hp
irsu or ne ur her nnslruc Ion ""}
iu1di hnd ha $50, nv rh efcur s. i0rib5 btv.
munl of cert "a prpmisily not "a l..nG,
MIN I % vald 3UOu luusOt iron 10 lnld yup
llnlllnR MIL company, tao E,I tWt.aA
dHlaon assigned 20 Ira HrrlH, trtsn,t
Raid KANSAS Rolllng MI 01mpiny. bH
said contract WITT thu Dallas ma MIAMI
T0ilruNd cnmpuuy, Win ail the rluhr.o' I ,,ai
said Henderson Hcnruiug there ud.E nt,t
mortgage bphuti sock mul rrftl0 ~
oln "Srrpi iliiY thous nd 10 htn, ln hlnd,
OF the clty OF ID lila, A Nnpy OF I'd epntrtct
llel upd married. exhibit 10" M ai.et
copy OF ne asst nmHut TO said Harrls. irn.'
tee, marked eNhlbit"F"
tn hll ~ uui N lrtgagl bFthsDuas
an Wichita rhllr0 At company W "a dulyrs.
o'uiol on tho 5fh Of ] "a, / n mud ia
bon IL Of 81 railroad Gbmptly is,utI \.
C0ntr cted To btd ne IN the n recmrnt b,.
tween thaBild Hen irrs IN, nud tnB saii ta,l.
ROAD mpauy, unl wert de. Iyarsd n s,ii
llandowOn, nd by hiu 10 tho SAID lru, ee,
TINT by his con rngt " tha 4hth Oh N,vem
Der 1870, and OF Janu nv ~, i6l1, win sId
tie ders@n above rvt rrel 10, mat plulutlI
was and ~ ouuUed 10 q ia sotlr ties
pond', stock, ~ efCn YEA ur nur. oItino
given by tho snl DalH, Uud Wichlta rnll
road company tu tAg snid Head rsIL, under
the coutractoi Soyembarss, lS,G, uiRaiural.
rool Company, 10 compon lhrs and REIN.
hur5t plain ll cor adv snoe IA de,n JEe.
cure him ngaiuSt liNhi iile, Incurred by
him Ia furnishing IRON and other mtlau1
and labor Ia the laying OF tna track OftbV
first ilya miles rom the oiy OF nllla.,nnd
IN equity his + CUTS ia + to nfe uDeuort0
the tlglts subSequ 'nly Daquucl ny any
other, and especially TO the glts Ofanyons
who had notice I his rlguts
That when plaintiff pu chased be 800 tons
Of iron of the Kansas Rolling Mia com.
pany ~ above sta ed, hegaYe o said com.
puuy therefor two Gotes Of thee ID Hen err
son and himfelf ne being the surety 0i,ald
LENDERS n, hich notes mr. ~ held by tho
Ka sas Rolling mill company.
Tint said Kansas Rolling Min com.
pany knew before tho mukinl tf us said
contract OF the I'D q February, ls77 with
snid lcHde son, that he Henderson, had DO.
iOro that time n inferred 10 plaintiff The 50.
curl les received by said Hendonon ofsaid
0llropd com pany, TO Reimburse aud secure
| plainul ~ AiOresai |, Nnd NJ q time no.
sOIating snid contract the \ iid Henderson,
Informed Tho agents OF the sud rolling mill
con pGny OF Thai TACT, and u was agreed be-
tween them sad Henderson end the sald
| ROLLING nj COMPANY, that pUn the execu.
! ton u said cont nc. tlut the said two notes
! OF IL, derECu and ,lanllh should be given
! NJ a'd '0ucclicd Ia amy event, plai tin
/ Clnius that A SHd NOES are retained by said
rolling mill company that the Securities
| placed in Their nands should lie retained by
| them for the paymen o. said nO.eg.
| Flantitt further saith that after that time,
/ to Wit: On he - day of 1877, that
| the said Henderson and the Kansas
! Rolling Mill company, desiring 10 release
| the Dallas and Wichita ra lwny AMI It's ap.
| purten noes of all eCorded liens upon them
prior in u 40 TO the said mortgage Of the 9th
| of June, 1871, entered into negotiations with
the said j. W Calder, he assuming 10 act Tor
| HHid A. Calder, TO obtain from lin a re-
| leSte OF mo lien otthe NOR EaSe Of The Dali
| Las ana WIG Its railroad com any 20 said A,
! Ga der ot The 3u of February, 1875, and on the
! 18TH OF Novem Der d'd obtain from MIN a re-
! lease Of the lien Of sad NOR gage of sd Of
| Feb'u 1876, byg viu4 TO him lien under
| Lh" mo tgHge of June 8, 1917. A copy of the
! release OF the said a. Calder is hereto at
tachtd, marked exhibit 60" and ma ca
| part .. the or ginal petition hertn.
| That the agreement of the SAID henderson
| and tie Kansas Rolling Mil company with
tn sDid Calder was that they should deposit
| with John Kerr, of DA las, VeXuF, or his New
York correspOno ent. Dounell, Law.On Co..
y Nty thousand do lars (s606uOl In ATAt mort
| gage bonds of the Dallas ana Wichita rail.
| + nd company, issued under ho NOR gage0f
June 3, 1877, as collaty raj security Tor the
debt pr, posed to be secured to the said A. Gal,
der by the said mortgage Of the Dallas ana
| Wichitl raj road company OF February \,
| 1875, 10 be held by the said Kerr or the SAID
| DonneU, Lawson 81 o., of the city OF New
lo. k, until the lat of JanuarY, lls, andin
the event that thirty thousand dollars was
paid to the soid Calder by tlat time the sad
bonds wee 10 @ returned to the party or
parties depositiug them, but If 81 pay
mtnt WAS not made by he LIST January
| 1878, I en- the said Dpnnell, Lawson Co.
were author zed, after giving ten days no.
tice by publica lon in the New 70 k Her
aid, 10 sell the sal b nds AZ pub lcoutCry
Ia the C y of New YnrE for sh d out OF
IN proceeds 10 pay sal debt OF $4,000 ara
II there be any overpus TO return the same
to the party or rprCIes from whom lhs SAID
bonds were re eived.
That upon leaiing OF said proposed agree
ment that plaintitl protested against turning
over SAID bon dis " said A, Calder, or for nm
TO the said j I'm Kerr or Donpe.l, lawson q
Co., ana gave not Ce Of hi protest to the SUI
Il nderson aDd the said Kansas hnltlng
MI company, and to Da las and Wlchlta
railroad cOmplnN but MISUNDERSTANDING his
! protest 60 OF the sad first mortgage bonus
! were deposited under said H-reelAehI lui
tue said A. Cllt r, " tn the said J0nn Te,i,
OF the city of Dallas, and with the sald pon,
nell, Lawson IL Co., Of new York, no hpG
! with each, pl alntih' dO.s not know, but hels
| informed that much tho larger nunloei "a
| SAID bonds are Ia tns keeping Of the Sa"
John Kerr.
Plaintiff saith that the change In the seeq'
| rity for tue pay ent of saio debt to W
Ger or j. ". Calder as the case may ne ny
taking said bonds is ne under sal mort
gage of June 3, 1877, rs collateral sea lty Ior
| the payment OF sid Il BIT, is only eXchahs,
ing one mortgage security for anOtn r any
that he securities in the ha DIS OF the sala
A. Calder are void, as they would h We oeen
| If issued under the orig nal mortgage: ,.s
| The premises considered pa'utu PSss
| that citations issue TO the ueienuahs
| herein, and & at upon n fin tial tnat ti,s
said mortgage nd Cpl CATION of ne tM'S
| end Wichita railroad company OF me
| February, 1876, he declared old, anu lnnt
he same be cancelled, and the agreelaeh'
betw cen said NJ. Henderson and thg shll Il a.
| Calder. transfe ring said sixty bonds ~ S go
lateral security, for he said p eieadeu Nd
| of thirty thousand dOllats Of the D l's au"
| Wichita railroad coppany To the sald a. a.
| Calder, be anpulled, ana tia. the sslI J
poSitarie OF said sixty first nlr'glse o nn o
or the said A. Calder ord. W Calder % ~ ue
quired % bring the same into court 10 be dis,
| posed of by the court as equity anu lustop
may require, and for such other ana lu INT o,vt
relief, general or special, as TO the oO"''
may SCI m ist, etc, $500, ,,en and