New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-22
END OF AN ENDLESS CASE.
THE MARIE-GARRIsoN SUIT SETTLED.
A MILLION DOLLARS PAID-HIsToRY AND COST Oh
THE LITIGATION,

MILLION DOLLARS PAID-HIsroRY AND COST OF
THE LITIGATION.
The Marie Garrison suit and the other pending suits
whit out Of the foreclosure in September 1879
OF the third mortgage bonds of the Pacific Railroad of
Missouri have been settled and dismissed Negotia-
tions were begun about month ago, aud while they
we're broke n of several times they resumed and
on Monday finally completed. The announcement was
made yesterday after the formal dismissal of the suit
in Missouri The terms of the settlement are the dis
continuance of all litigation, without costs, the pay
ment to the plaintiffs of about 81 200, 000 OF whr
the Garrison estate pays half and the Missouri
Pacific and the Atlantic aud Pacific Railway Com
panes. in about equal parts the other half. 1t is
understood that the share of the Missouri Pacific is
about $27O,OOO. Each party pays its own costs
Even the lawyers directly engaged in the suit drew
long breath when they learned that the adjustment had
been accomplished. One of them, who is in the crime
of fe remarked that he had dared hope that
he would live to the end of the litigation. In the
period since the foreclosure there have been brought
about twenty-five suits, in which many prominent
lawyers have been engaged. Auong them senators
Evars and E'imunds, exSenators Conkling Carpenter
and Henderson OF Missouri Congressman J. y. Bro ad
head and John X. Shepley, also OF Missouri exJudges
Comstock and Dillon. General Swayne Henry L. Gin
ton and Clarence A. Seward. The Mare Garrison suit,
the most famous OF the many litigauons begun in
the Superior Court 1873. The reference to Pro-
lessor Dwight made two years ago. and only two
witnesses had boon examined. Inherent but con-
nected litigation pen ling IN Missouri. and to await
determination of this the reference recently sus
pended Two three times in the years the pro-
ceedngs were interrupted by injunctions.
The OroI ery involved IN thus long litigation Is the
railroad extending between st Louis and Kansas City,
Missouri, which completed in 1853. called the
Pacific Railroad IL was leased in 1872 TO the Atlantic
and Pacific Railroad which guaranteed dyidends on the
stock. In 1875 the company issued 81 OOO,O 600 third
mortgage bonds. OF when S3,0OU,UOO was to retire
pIeyous issues under the lease The stOckhOlders'
meeting hoIize the bonds he at ST, Louis
July 1U. 1873. In the following October the Atlantic
and Pacific Company tailed to pay the quarterly diyi-
dend, and in November suit to toreciose the new
mortgage was begun at ST. Louis. he road was sold
an September q. 1876 for 3OOO.OO aud organized
with that capital the Missouri Pacific Railway The
owner of tie stock Comm dore Garrison, who sold
it IN November, 1879. to Jay Gould. BY various con-
solicitations the old company has been succeeded by the
present corporation In the suits begun in NeW-York.
in 1878 by Peer Marie Frank A. Otis. George Fear
ing. ~ A. Cowdey. Robert H. uitng, Jr.. and jacob
Cromwell, and IN ST. Louis in 1850 by the same per
Sous as the old Pacific Railroad II was ayerred that
the issue of the td mortgage bonds was invalid and
that the foreclosure aud sal were th result OF col
uson. he plaintiffs claimed that Commodore Garri-
hac entered into agreem nj with them Tor the
organization of new company, III when the former
company SHOULD be interested and that without this
promise the plaintiffs world have prevented the sale.
In the Missouri suits the company attempted 60 recover
the property and the New DIRK suit TO recover the
value oi the stock From the date Of the original SUIT
many other suits have sprung from various slde issues
Decision. on mauy POINTS have been rendered IN one
by the United States supreme Court. bat each de
cision seemed only to give new life 90 the litigation.
person thoroughly familiar with the cause ext ressed
the opinion that at least SbOOOOO had been spent I'd
legal costs and counsel fees.
IL il understood that one of the incidental conse-
uurBces Of the settlement tie relief OF the estate OF
Commodore Garrison. who partly on account OF these
suits forced to mako an assignment about year