Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-06-13


to be a highway, leading and passing centrally
through the county of York, having such loca-
ton and connection with other lines as would
tend to benefit the greatest number of the people
| said County Commissioners Of York county were,
| in law, authorized to make said subscription in
the manner and form, and for the purposes exc
cuted.
5. That upon receiving the bonds of York coun-
| ty, to the number of one thousand, Of one hun
dred dollars each with the interest coupons there
to attached, this defendant caused to be executed
and delivered to the proper authorities of said
county two certificates of shares of stock IN the
sum Of five hundred shares, of the par value OF
one hundred dollars each, which said certificates
are still outstanding, as appears from the books
of defendants Company, in the name OF the
county of York and defendant verify believes
that said county is now the owner and holder OF
said certificates of stock, and has caused the same
to be represented at the respective meetings OF
stockholders of defendants Company, every year
since the same were issued.
| 6. That of the bonds Of York county, delivered
to defendant in payment Of said subscription, de-
fendant, from time to time sold and disposed OF
portion Of the same to purchasers for value, and
used the proceeds thereofin in the construction OF
its said railroad through and beyond the town OF
| Yorkville in said county, to and beyond the
northerly boundaries of said county. That the
| remaining bonds, being certain three hundred
and sixty-fve in number, with the unpaid cou.
| pons thereon, are in the hands of the defendant,
| the National Bank of Chester as collateral TO
debt due by this defendant to the Roane Iron
Company of Chattanooga, Tenn, for iron rails
| furnished and now in use on said railway and
also to indemnify and save harmless the defend
ants, A. Il. Davega, John j. McLure ana others
| (named in the complaint) who became liable to
the said Roane Iron Company as guarantors OF
defendants obligation for said iron, and without
which said guarantee, this defendant could moi
| have made said purchase; and that said obllga'
ton to the amount Of tifty-two thousand five
hundred and 95.IOO dollars is due and remains
unpaid, and this defendant cannot now pay the
same That of the bonds so deposited this de-
fendant has no control thereof, as it Is advised
and it now holds in its own right no bonds what
ever Of said issue. That as said debt to the Roane
Iron Company is due and unpaid, said Iron Com.
pany and the defendants herein named as guar
antGrs, are at all times entitled to have said bonds
and coupons appropriated to the payment thereof
| 7. This defendant denies any and all knowl
edge, through its agents or otherwise, OF any IT.
regularity or want of authority in the said sub
scripton or in the issue of bonds, in payment
thereof as alleged in section ten of said com
scripton on behalf of York county, and the is
sue of bonds Of the said countyin payment there
Of was strictly in accordance with law, and done
in good faith.
8. Defendant denies all knowledge or participa
tion through its president, officers or agents, OF
otherwise, of any and all matters alleged in Sec
ton eleven of said complaint, as to the payment
of any large sum of money toJ. j. Wright, one o.
the Justices Of the Supreme Court or to any Other
person or persons for his use; or as to any Other
corrupt means used or done to influence the judg
| ment or order pronounced in the case Of Glenn
and others vs.. the County Commissioners of York
county, as therein alleged.
Wherefore defendant prays that as to it the com
plant be dismissed with costs.
s'''''' ~ '' JAMES F. HART.
| ATTORNEY C. & L. n. G.. r. R.
| Duly sworn to by A. H. Davega, President o
| the Chester and Lenor Narrow Gauge Railroad
Company.
John Hemphill, Esq, of counsel for Ma
tional Bank of Chester and John L. Harris
Agent, and representing the County Commits
sioners of York county, read the answers filed
by each of those parties. The answer of the
National Bank of Chester, and John L. Har.
ris, Agent, is as follows:
The answer of the defendants, the National
| Bank of Chester, South Carolina, and John L.
Harris, agent respectfully shows the Court that
l. They admit the allegations of the first and
second paragraphs of the complaint.
2. AS to the third paragraph of the complaint
they admit that the County Commissioners Of
York county did issue bonds in the form as sci
forth in said complaint, which said bonds said de-
PENDANTS believe and aver are valid and binding
obligations of the said county Of York.
| =.
9th, 18th paragraphs of the complaint, the defen.
dants aver want of knowledge or information
sufficient to form a belief, and ask that they be
proved.
the complaint the defendants say the County
Commissioners of the county of York did have
authority to issue said bonds, and that they are
| binding obligations of said county; that the
County Commissioners have legal power anc
authority to levy and issue warrant for the col
lection of tax to pay the coupons on said bonds
due, and when they fall DUE
| 5. The defendants admit that the bonds contain
upon their face provision that the coupons at
tached thereto, las they NATURE shall be receiva
BILE in payment of county taxes" and deny every
other allegation of the sixth paragraph of said
| complaint.
6. Answering the seventh paragraph Of said
complaint, the defendants admit that portion o.
said bonds have been sold by said Chester and
Lenoir Narrow Gauge Railroad Company; but
upon information and belief deny that any o
said bonds are now held by said Company.
7. In answer to the allegations of the 9th para:
bonds are in the actual possession of the defend:
ant the National Bank of Chester, or that said
| Bank has any interest in or control over said
| bonds. They admit that large number Of the
| bonds of York county were left with the defend
ant John L. Harris, as agent Of the parties as
named in the 9Th paragraph Of said complaint,
and allege that said bonds were transferred to
| said parties az collateral security for them, for
and on account of their guarantee of the prompt
payment of the note Of the Chester and Lenoir
Narrow Gauge Railroad Company to the Roane
| Iron Company of Chattanooga, Tennessee, for a
large sum of money which said note was not
paid at maturity, and is long past due.
| 8. Answering the 10th paragraph of the COM
| plaint defendants say that they are ignorant OF
what facts were known to the defendants, the said
Railroad Company and others when they became
possessed of said bonds; but alege on informa-
ton and belief that said parties acquired their in
toraat in soi6 honda in local and manner
Wherefore the defendants demand that the
| complaint herein be dismissed with costs.
J. d J. HEMPHILL,
Attorneys for defendants.
Duly sworn to by John l.. Harris, before B. M.
Spratt, Notary Public.
Mr.. Hemphill also read the following as
the answer of the County Commissioners of
York county:
The defendants, York county and the County
Commissioners of York, by j.. j. Hemphill,
their attorneys, answering the complaint herein,
say
/. Defendants do not know the number or the
aggregate amount Of the coupons in plaintiff S
hands, and submits that the coupons themselves
should he produced in open Court, as evidence OF
the Indebtedness alleged in the complaint
2. Further answering, defendant shows that the
bonds described in the complaint were issued on
day of January, 1874, by the County Com
missioners of York county, under section II of
the Act referred to in the complaint, which is in
these words "That it shall be lawful for any
county or town interested in the construction OF
the said Chester and Lenoir Railroad, to subscribe
to the capital stock of said Company, or of any
Company with which it may consolidate or unite,
such sum, and to be payable in such manner as
the people or proper authorities of such county
or town shall deem best, determine and author
ize."
g. That the said bonds were issued by the Coun-
ty Commissioners of York county, after certain
action against them, instituted by E. L. Glenn