The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-03-02

49, fihaAi trst - - =. ,7."t-t--.~
part NO the pfUptsdf NJ tho sans, MOI wer,
ihrY applied M amy wa ~ The uses Oi SAID
rallIuad company, FROM ieW days aiiel
he la HuH pfuaithli Ia lhp rlphp 81 hl sd
mlnihuHllnn no president ~ san railroad
cImpluy tnp minuierhnpk Oi san COMPANY
teHin Win mo proofs NJ AIS Industry anl
vigilance % gplnng ~ elalinH against lhf
said THllipHd fuinpnnfi ana haHlug them
~ upon mo rirnu ana lii secure fhapt
Wnlln there IN not u voucher on He, nor au
account stated iu lhH piiipH NJ Tho secretary
1T sHiu company, nor anything Va any shape
WhalnYni 10 hhuW WhHl hali accounts were
I o, ilanN hnrh acc iuulh pVrf rklalrli lhry
were destroyed on Withheld - nereallei
hiatnl or concealed bg The said j, W, lald'
er or uY hls ppunlYancn,
lhHl ihr by'lRwH VI kald company require
iull hnA exploit rnpOflh nom IT. ulllnprs u
DO made al lhp regular meetings " all ah'pls
Of No company which come lnl0 lhelI
1hat tha said ! W, Calder, nOlwithsiand-
Ing such Pretended outlay for said company
bun no railroad, ana dld nothing Tow "a
the Same except 70 llnYa some survey made
ms last 10 Tar ~ " Was PAID al all gaA
q IA In win part Of the bundh " Tho els
uf Dallas htihlnbriDle referred 70,
Fialuliil slalot thAl tho said account Of j
w, Calder IN tie name ~ A, Calder, Was
falhe nnd fraudulent, hpuflluH, aud without
lust iOundail0ni tlai II any Ihft OF " was lor
money advanced by said A calder that II
was only Tor u small amount, ana that II
has long since boon returned 10 hlm by the
bAil i, ", Calder, M president ~ SAN rail-
Thai anticipating, ~ above Hatad, th /
lao would moi DO Retained nh piuhlupt or Rau
mGiubrrul thubOtul VI directors ~ ths Dal
laB uud Wichita railroad @ impRny Hiter the
annual na-llng OF tue hlOukhpldUfHi 10 Jan
uuTy, 1876, On the M Of January, 1910, The
day Ut the fiOuAhnldhfR' con ynltllu, tie
sad j, W, i'ullOrt hHi lhfNe ulnsM nnd Two
proxies, representing IN nI MAl3I0ur bil
shares If nlUA, lutt NJ inc ulllpu at klll
company, Va the city OF Dallas, ana % JDurn'
cd flr wat ui aullieleui representation ~
stock, 10 TIC 3Dll ~ January 1870 ANA post
puuel tho elon,lun OF directors 20 thti Tine,
lhii dl0urnpd meeting was never mold, ~
ihp same llulp pt thn Olilru Oi tho hiid Wll'
road company sixteen other Hi0pkAnldgif,
iyoui lhum by proxy, ANA representing 7Ui
HharuH Ol tho capital hlOpk OF said company
met la convention, The SAIL Calder aud
rnusu who acted with him were also present
ana hG weg requested By tho said parties
4 pro- uniinB tOi shares uf stock, Hh pres dent
uf thu company 10 open I've convention, but
the nild j, w, Calder refused o. do ~ or "a
nave anything ~ 10 with their meeting,
The convention was then organized ana the
secretary, h. NJ, Hammond, VINO ahscnIed
himself, was srut for lao declined coming,
hud refused ~ give up thi books OF minutes
and papers Of the company,
IN reupOn u secretary pro ten, was ap'
pointed ANA II being nkcerlAluud mat The
persons present rep hcpled more IMAM n
majority Of tho capitol tloGk OF tho CumpR.
ny, tho cpnNonnnn proceeded % the election
Of "a board Of directors rtho yem 1870 sub
sequtntly NJ lawful meetings OF tho hoarl II
pro,lienl ana secretary ana other officers Of
inc company were elected,
That during tuls time theRald j, W, Calder
and his seer, lUry, IT, NJ, Hammond, with-
hold the books OF mluutcA und puperS Of the
"a .lI no. "A a .Its1
ed to give them upihraUld Calder making II
a condition Ia ms surrender OF NNld books,
that tup said railroad company should buy
hia sock and give Inn II mortgage - secure
payment Tor tue stock and the pretended
debt due TO A. Calder for which tho mort.
gnge OF the l7th Of december, 1913, was oSo.
Outed, ~ above stated,
That the charter OF the railroad company
required that the ilrsl llYe miles OF the track
| of tbs railroad tom tue city OF Dallas
Rhould b. finished b. the trbt Ol July, 1876
or the charter OF the company would be lOr'
| fcited, The lime 10 do THIS was hon short
ana n majority OF said board Of directors
| L airing tho loss OF their charter II retHr I'd
longer by tho want OF the books and papers
OF the company, and the said J, W, Calder
| pos lively refusing 20 give them up except
| upon the terms stated above, did on the ID
| of February, 1876, pRSH II resolution to give
an obligation and exc ute n mortgage 10 se'
| cure the said j. W, Calder, ana tho same
were executed, by tho said railroad com
pany. "a copy Of snid nor gage il Md
| herein, marked Exhibit b." ahoN copy OF
said obligation marked EXHIBIT "C!J
| Piaintin saith that said board OF di ectors
| had no power To eN cute said mortgage, oui
| by their charter can make aud execute q
mortgage Oi tho property of SAID corporation
only for the purpose or purposes olconslruc'
ting the abroad OF aid company, and that
saiu mortgage 80 the s0i a, Calder bong
In tho namo ~ A,cnlder, but j. W. Calder
| being really the party IN iutgrest lelng fol
| pr. tended debts past due and for stock IN
said CORPORATION Is Wtrd rtrcJ and void,
| that the said alleged debts OF the said raj
! road comrRny to the said A. alder upou
which said pletended mortgage OF inc l7th
| day Of December, 1873, was pgedicnted, were
} OF for the purpose OF constructing the rail
| road OF sad company but were aud are
| spurious aud uCtiLi JuH In ~ und fraudulent
and the mo tgnge made by su!l company
| proposing TO secure them, Is of no validity
and to the extent of such debts the obliga
ton given by said Dali ~ and Wichita rail
ruad company on tn ID OF February, 1876, |,
| void tor That cause.
| That plaiutlu IL n stakeholder in the sale
| Dallas and W chita rlilroad company ant
| Is also largely interested IN other respects
which lie Will hereafter state, and plaintiff
says and submits 10 this honorable cour
That the action OF Snid board OF directors IN
giving said mortgages OF he nth of Deem
Der, 1870, and of the sd OF February, 1876, 4
not binding II Jon the said CONF Any or III,
StoCh uOlueTh lbeIeoI, anu INC SNine are VOC
and should be set aside and cancelled, an(
that the obligation given by sand railroad
company to the said A. CalGer ON the ID o
February, 1915, being without consideration
and fraudulent should also be cancelled
That the board OF directors of the said all
road company elected on the I'd of January
1876, set themselves illlgently to work to sc
cure the construction OF the said railroad
ana among other things done by said buart
they made u contract with Arson Moore an
Nj. Henderson n N n,
1876, for the construction of the railroad G
said company, The terms of said cOntrac
We're substantially the same except as T.
dates, WIN the contract subsequen, mad
with said NJ. Henderson, which will b
hereafter set out in this petition.
That the said Moore aud henderson faile
to comply with said contract of the I'd q
october, 1876, and on the 27Jh OF November
1876 by reso alton of said board of direC
tors the said contract was declared fol
fitted.
That the said NJ. Henderson knowing tina
Moore and henderson would not be able {
comply with cir said contract and antic
pating the subsequent action OF the b.. rd {
directors declaring Ii forfeited, was desirou
to secure renewal OF the contract with tn
said railroad company, and to enab o him
self to dohob by giving TO the said compan
satisfactory guarantees for the pertormanC
ofsuch contract on his part, the said Hen
derson applied TO the plaintiff to aid him ii
getting the iron for the FIRST FIVE mi es of Tin
track OF s1lu railroad fCom Dallas and haV
the Same laid on the road, and on the 1871
of October, 1875, plaintiff entered into con
tract with the said NJ. Henderson to aid hin
in procuring the iron for said hVe miles a
track and Ia putting II down On The I, aclS
ana to reimburse and secure plaintiff salt
henderson bound himself to turn over /
p!nintih all the subsldie, he should receiy
from the said railroad company TO be he'll
by plaintiff and If necessary To be used b,
him IN dscharging any obligation plant
should incur, and reimburse him any mon
eyS he should pay out in procuring said irol
and in having It laid upon the track Of sal,
IA lroad.
That before making said contract witt
SAID Henderson, That plaintiff, who wa
| then in 81. Louis. telegraphed to the Dalla
and wichita railroad company to know /
the company would renew said O. ntrac
| with Henderson II he would become respon
| slole for It's tulhllment In furnishing IN
| iron for the first five miles of track of rail
road, and received an answer from the com
pany that they would renew it Copies q
said telegram and the answer thereto vii
he hereafter fled ns eXhlhits harato an,