Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-07-05

ing obligations of the defendants horein. or
either OF them or for me purpose OF pledging
of the individual Indebtedness OF the said de-
PENDANTS incurred. or TO be incurred By them or
either of them.
the moneys which are being raised by the de-
fendantS herein, at this time, are for the inter
est benefit and service of said Central Pacific
Railroad Company, lis creditors and stockhold-
ers, to meet the obligations of said Central Pa
cifc Railroad they mature, and not in any
way for the use, benefit or service of said de-
fendants or either of them, in their personal
affairs
Thai on the 1st day of July, 1851, said C. P. R.
r., for the purpose of construction of its read.
Issued its bonds TO the amount of 81 500 600, pay
able in twenty years, and which bonds win be-
come due on the LIST day OF July 1854 and all
moneys which have been raised by the defend
ants of late, and all obligations undertaken by
them within the past few weeks, have been 10
assist the G. P. r. R to meet and pay the said
81 500 600 of bonds at the maturity thereof. and
10 pay the interest on the funded debt of sGid c.
2, K r., due on the lst day of July. 1854, and TO
pay for the construction Of tina: portion of the
G. p. r. K. known as the California and Oregon
road. the said company nos having been able 10
sell the bonds of that portion OF the said Cali
tornia and Oregon road, which they have been
recently constructing
That it is not true rs stated in the affidavit of
plaintiff that defendants have applied OF are
applying to their own use or intand to apply to
their own use, all the current income of the c.
7. e r, or any part thereof or OF the other cor
porations owned and controlled by them. with
out leaving o su1Eciency of said income for the
payment of current expenses and the wages OF
The employees of the c. 2. Il. r., or that they
have or intend to use said income or any part
thereof. for their own purposes in any manner
for the business OF these defendants or either of
them.
Affiant AYERS that all the moneys received
from the current income of said c. p. Z. <. and
s. p. K. r. or either OF them, or the corporations
under their control, or any moneys received by
said corporations from any source, have been
used in the business OF said corporations and not
for the uses or purposes of these defendants, or
either of them.
And atIiant denies that the wages of the en-
ployes of the 9. p. K. L. have not been paid in
the usual course of business of said company
That all the employesin or about the city ofSdn
Francisco who can come to the principal place
Of business Of said company, win be paid us
usual on or about the lst of July, and the other
employees of said company will be paid soon
after the 10th OF July the pay car OF the COM
pany, which is now undergoing repairs. cen be
started for that purpose.
That 1t isnot true, as averred in plaintiff afi-
daYit, that the defendants, Oreither OF them, are
partly or at all inSolyeDt or unable to pay their
Indebtedness, but on the contrary, afFiaHt SAYS
that the defendants, and each of them are en-
tirely able and willing and have the means to
pay all the debts or engagements which they, Or
either of them. are liable for as the same become
due
Affiant says that the said defendants are each
the owners OF unincumbered real estate, both i'll
various parts OF San Francisco and III the VaTi-
GUS parts Of the State of California, amounting
in the aggregate 20 several millions of dollars
and far in excess of the value of Gll the property
which the plaintiff claims to recover in this
action.
That said Defendants or ei5hor CT them, are
perfectly able. and have property enough over
and above all debts and liabilities, and exclusive
of property exempt from execution, to respond
in many times the value of all the bonds and
stocks delivered or released by plaintiff to de-
E, 1&,,g gi, 4 No., L.
of plaintiff to be her property, or which are
sought to be recovered in this ectioD-cven il
the amount claimed b. defendants to have been
embezzl3d by and converted 70 his own use by
the plaintiffs late husband are not deducted
therefrom.
That Il is not true. as stated by plaintiFin her
said affidavit, that unless receiver Is appointed
by this honorable Court in this action and the
defendants compelled to transfer the possession
of the bonds and stocks therein involved, that
the defendants viii place the same out Of their
possession or control, or that the same, or eny
part thereof Will be lost to the plaintiff or that
she win be deprived of the fruits of any judg-
nlent5 she may obtain.
And affiant says that defendants have no in
tention whatever to place such bonds and stocks
out of their possession or out of the possession
of either of them. or to remove them beyond the
jurisdiction Of this Court And aiiisnt says
that the defendants have not and will not have
anv interest so to do.
That none Of said bonds and stocks delivered
or released by plaintiff which are uDsOld or
which now remain in the possession of the de-
PENDANTS, are OF any market value or could be
now sold. with the exception, perhaps, OF the
4oS shares OF the capital stock OF tho L, ii. G.
and /. Co
The said 4OS shares of said R. NJ. C. 81 Co.
stock, though of some value, could not now be
sold st more than q nominal price. That the
10000 shares of the capital stock OF the .. K 0.
s. s. Co; 81 eco shares OF the capital stock Of the
S. p K Z. Co. 5,55j 50 shares of the w p. Co;
If9 shares of the AInCdoT Branch; III shares Of
the Berkeley Branch; 2,Gi1 shares Of the Cal. =.
K. r. Co; 556 shares of the Col Stm. Nav. Co;
10 bonds OF the AniGdOr Branch, ana II bonds of
Berkeley Branch ny. Co. have no market value,
and cannot be used as collateral to borrow
money on.
And afliant says that said defendants have In
their possession and belonging to themselves q
large amount Of each and every of said stocks
and bonds, ol CT and above those claimed by
plaintiff that is to say, about 5000 shares Of the
K. NJ. c. & I. Co. about 600 shares OF the 0. &
o. s. 8. Co. about 81, 900 shares of the s. p. X. r.
Co, about % 001 shares Of the w. ID. Co. about
1850 shares Of the Amad0r Branch r x. CO..
about 60 shares OF the Berkeley Branch T. Il.
Co. about 5000 shares of the Cal. p 2. Z, Co.
and about 600 shares Of the Colorado tin Nav.
Co. aud about 52j bonds of the Amador Branch
BY Co, about c. bonds Of the Berkeley Branch
and II bonds of the Los Angeles Bridge.
And af1iGTt gays that said defendants have
never been able 70 sell the same or any part
thereof, excepting the said shores Of the K. n.
c. e I. Co, and the said Los Angeles Bridge
bonds or 10 use them as collateral for borrowing
money, and that the same, with the exception
of safd X. M. coal stock, now have no market
value and are not available IS collateral for the
purposes OF borrowing any money thereon; that
If this honorable Court Is of opinion That the
said stocks and bonds claimed by the plaintiff
other than said =. bonds. and said c. p. stocks
are in any danger or jeopardy Of being lost or
removed from the jurisdiction OF said Court
these defendants are entirely willing 10 place
all said stocks ana bonds claimed by plaintiff
save and except the said S. T. bonds and sad
% 600 shares OF the C. T. stock, which have been
disposed or as herein set forth in any reputa-
BILE bank which may be designated by this hon
orable Court, there 10 remain and abide the
issue of this suit but that the said defendants
object TO the appointment of any receiver in
this action, because such appointment would
enable designing persons to circulate reports for
the purpose OF IlnDalTlug the credit OF the ). T.
and G.. =. K. x. Co.'S respectively, and WhiGS
would be of great injury to the stockholders
and bondhOlders Of the last-named companies
That II is not true, as stated in the affidavit Of
plaintiff. that the defendants. in their manage
ment and control Of the c. p K. X. Co, have 50
conducted the same as 10 bring it to the brink of
bankruptcy and ruin, or that by such manage
ment they have systematically or in any way
su1ordinatei the interests Of SAID corporations
TO their own uses and purposes or that they
have caused said corporations 10 borrow large
sum OF money, or any money, at n burdensJmc
rate OF interest, for their own individual uses or
NJ all, or that they have used the moneys III the
treasury of SAID companies for their individual
purposes TO the extent Of many hundreds Of
thousands Of dollars, or at all, without giving
any security or paying interest thereon, or that
they have IN any way used the moneys Of said
corporations for their individual Purposes or
that said corporations have borrowed from yari-
Gus bankers and capitalists large sums ofroney
and have been paying buTdcDsome rates Of IN
teTest thereon.
Anant ayers the facts 20 be that the defend
ants have not, since the settlement with the
plaintiff, borrowed any money from said c. p.
X. X. Co, or from any other corporation within
! their control or management, and so far from
the said defendants borrowing money from said
T.. T. J.. r. Co the fact is that the defendants
have used their individual credit and personal
properly to borrow money for said G. r. Il. r.
Co; that they have made no loan for said G. r.
r. r. Co, nor for themselves, at any burdens0me
rate of interest or ut any rate of interest above
the legal rate of interest allowed by the laws of
this State, and that the rate of interest lattery
and usually paid by the c. =. r. K. Co. has not
exceeded the rate off per cent. per annum.
That it is not true as stated in the affidavit Of
plaintiff that the defendants by these practices
or any other have justly incurred obligations to
the other stockholders of the c. z. Z. K. Co.. or
TO its bondholders, or to the United States Gov
o. Isrgpfy 70 Of their individual