, 1879-07-15

lerdant, Wn6 rtltcd upon I'll WnklnE the agree
wllct, said statamcnt IL herewith filed, marked
Exhibit No. 3; md TINT on tic day md ycar
is't aforesaid an agreement was made between
The officers Of t1is defendant and the officers OF
~ and tue agents OF the said Denver Il lsio
tirando fsnilwnr Company and tho Representa-
lives ot tts said bonuhoftlees copy Of which
agrce1nent Is herewith, fled, marked Exhibit
And this defendant further answering says
thnt said agreement last mentioned wan atter-
wards, 70 Wit, on the ';th day Of October, 1873,
approved 9 by ihc ffeadent Of the said Denver q
no 0Fnnde Ratlwav Company, he havl,!g full
power and authority to act for tho said Com
And this defendant further answering says
hcr, 1873. the officers OF Tic snti Denver e Rio
GrAndc ftailway Company executed joneo OF
that dnte to this defendant ol ali Of The con-
siructel road of The said Denver d HIo Grande
Hallway Company, upon certain terms aud con-
liuons In said lcaee contained, coay Of which
ia herewith flied, marked Exhibit No. 4; and
that, on the dav and year last aforesaid, a Ger
tain '1I osses y aereemcnt % was entere, into between
ond parcel OF the agreement between the par
tics, u copy Of which ngrcemcn. Is herewith
flied, marked Exhibit No. s; md that, ou the
Same day ard year fast aforesaid. II cc,ta!n other
lies, and as part md parcel Of said agreement,
copy Of which Is herewith filed, marked Exhibit
NO. U.
And this defendant further answcr[nr SAYS
TINT prior to the execution u the said several
agreements hcrenbefDrc mentionc.l marked
Nos. !, s, and respectively, the said Sebastan
,, sShle;.nger, william ]. Palmer, aud Theo-
doro +. q. Meyer, solicitor Of tho complainant
In this cause. and tlcu actins as the sollclnr
and nCent 1f the said complainant, mnde to tl,is
defendant vcrb1l statement nj ~ It's indcbt
eduess, correcting said written statement a. 10
It's unsecured Indebtedness but in no other par-
| tlGular whatever.
Tins defendant further answering snv. TINT It
relied upon sail statements that sS0t.500 OF the
bouds OF l,c Denver & Rio Gr4,de Railway
Company were to bo retained to fund sUl3.G0
OF coupon certificates and coupons authorized
to be converted Into said certificates.
And this defendant further answering says
Tint at the t!rnc last-mentlonctl stntetncnt was
made to this defendant, ~ aforesaid, II was
represented TO this defendant by the said VIII
lam ]. Palmer, representing the saitf Denver s.
Rio Hrlnle Railway Company, and asscntel to
hv the 9aid =. . sss'esuEer, as The representa-.
Theodore F. Ii. Mryer, ns The agent and
collector Of the sail complainant, tllHt the snid
SS04.5OO OF bonds were Rcl apnrt as trnst fund
coupon certlfcates or coupons which might 10
converted into ka!d certificates, and II not cx
changed that sald bonds wcro to be sold a,id i,o
proceeds nptl!et MS trust fund for the purpose
Of paying fntd COUPON certificate. and coupons
which might be converted iusu such certificates.
This defendant further answering says that
hu Eftts Erhiae h>j INF, <l,.t
ti,n. al ~ III. nt IT,. W.
Isit.tsnnss ~ ths All rcnrsr Ria n.anns Nv ~
E.pGa, " 49,. ,r.,, sa,n .,,t ~ NJ ~. usauc
- f nc1 ,iin hmt mnon ~" .nd "s1i ~ 4 ~
~ scl, ,,n.er',rstI sndrt cd,".. i, n,,,ar t,,nt
tic entire Indebtedness exceeded tho said SUN
m.aScr = ,o t;t"ns Ratar VII W. ~ sa
nG sa, II oarscmrn n.1.r,oa ~ uar .m' ~ hok AZ
inE salu % .,e :. ~ H., 70 pay suen e.
800 ~ -, om. ,'. ie ,s @ unGt .G
snn IVY 81 ,n ~, tis .. ~ =. ~ Ha~ sut
";. I'VE, -. r.I s,,i s"'H M We. nv M ftae
.saaMny s9'rpn9S saun" % @ ~ usea tos t'.e .ole
pMr.oSe " ss4n ~ Snnpm cess',s.es IN os
Soupos's ~ au'"of@eo ~ '' co"sc'tco loto suca
eeTIMsa. amn -, a,t,a,,. t.,,.,,,u ,,.,,,,,, .
,hat r.i,ir, ,,rs s.,,, s.ntn,no,.s ,,a ," nn,a
ments hr,eini,rfnra nIcntnnnd ,vc-o nv ontHrod
into hr lii iIcfcn,,snt. "~'0 'A$et'N
AMI this ,cfnn1ant sav. TINT ot t,,a .tn,o .o,,,
orrcemcnis wrrc entcrr mo Il We. wall nnw,, os
- the sid Thccffnre = II Wera. o,,1 ~ III
W,iiam !. Palmer lint t,ss Tas A rcri;re s'i,, II,
this court to enferco thc nayturnt n ,.o,,non. ~
iaIiinS ine Nav !. in Nov + ~ and s;pr
isM' mi thc aaId T1ieodor, r, H. nt Wcrcr MN mi
NE soiH William T. Palmer fr,rd,,imnf,r nmn. s.o'