The Portland daily press., 1885-12-10
455 to 1000 The meeting then adjourned till
January, without transacting any business.
EQUITY SUITS AGAINST THE BOSTON AND MAINE
AND THE EASTERN.

ASS to 1000 The meeting then adjourned till
January, without transacting any business.
EQUITY SUITS AGAINST THE BOSTON AND MAINE
AND THE EASTERN.
A bill in equity has been brought in the SUI
preme Court in Boston by f. Gordon Dexter,
Amos w. Lawrence and I. Jefferson Coolidge,
trustees, against the Boston and Maine Railroad
Company, to prevent that company from making
a lease of the Worcester, Nashua and Rochester
Railroad and from taking possession OF the road
hereunder. The ground otthe blll IS that tne
chusetts. There was brief exparte hearing
Tuesday before Judge Holmes, by whom an order
of notice was issued returnable on Tuesday next
bill in equity was filed yesterday morning in
the Supreme Judicial Court in Boston by William
C. Rogers, William B. Bacon and Willard Z. Phl-
lips, trustees under the mortgage of the Eastern
Railroad, against the Boston & Maine and the
Eastern Railroad Companies.
The bill alleges that the plaintiffs are trustees
under a mortgage of the property and franchises
of the Eastern Railroad Company, duly executed,
in pursuance of the provisions of the act of 1876,
chapter 236. By the terms of that act and mort
gage it is provided that after the expiration of six
years from September 1, 1876, the annual net
earnings of the Eastern Railroad Company over
and above its operating expenses are to be paid
over to the plaintiffs as a sinking fund for the re-
demptiOn of the certificates OF Indebtedness Sc
cured by said mortgage, until the certificates are
reduced to $4,000, 900 in amount land after that
100000 annually of the net earnings is to be
paid over. The bill alleges that the certificates
have been reduced to the amonnt OF $40 1000, 900.
In December, 1884 a lease was made of the. rail
road and other property of the Eastern Railroad
Coinbany to the Boston & Maine Railroad, which
by its terms went into effect on October /, 1888:
The Boston Maine has 7Iaid to the Eastern. and
the latter to the plaintiffs for rental or net earn
ings the sum of S245 681 90, for the5year endlng
October /, 1884, but not including the earnrHSSS.
of the month of September, 1883, during which
the Eastern Railroad Company operated its own
property and earned net the sum of $43, ,104.0S.
The bill alleges that in the account ending Au-
gust 81. 1883, the Eastern Railroad Company
charged into the expenses certain items OF expen-
diture for improvement which were not entered
upon the company's books until September, 1888,
and when so entered showed a deficit in the earn
ing Of that month of S498951. But as the sum of
S48, ,O93.57 had been already charged to the earn
ings of the previous year in accounting to the
plaintiffs it should not for the purpose Of so ac
counting have been charged again in September,
1888, and without that charge the September
accounts show balance of net earnings for the
month of September, 1888, of $43, .0S; to
which the plaintiffs claim they are entitled. The
plaintiffs therefore pray that the court will decree
that the Boston & Maine Railroad pay over to the
plaintiffs the sum of $43, 104.08, with interest.
NOTES
The Bangor Whig says the receipts for tickets
at the Maine Central ticket office in that city,
erage about 81 900 per month.