The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1888-12-27
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making tne claim o8oln0S oVOCknOl0ef9
Of Alphonso Hart $4,000. In reality,
a. an examination OF papers show, the
claim Is about q, 400. This e ths only
error IN the article. The rest of IL was
more in the nature Of an inquiry, and
merely statement Of what is claimed
by many Of the stockholders. To be
more specific, many stockholders were
relieved by the directory in 1884 and
1885. As consideration for this re-
lease they donated their stock to the
company and great many paid ten per
cent. assessment on their stock in addi.
ton. The stock certificates surrender.
ed were pasted In book, kept by the
Secretary OF the company, and the word
Cancelled" written across the face OF
each certificate. in the case OF those
who paid ten per cent. assessment on
their stock, receipt was given them re-
leasing them from further liability, the
form Of which receipt was given in last
weeks Gazette, and further release was
given them signed by the President and
Secretary Of the company, the form of
which is also given in an article in last
weeks Gazette. Now, clearly, these re-
ceipts mean something. They would
certainly never have been given by the
company unless they were advised by
their attorney that they we're valid and
binding; nor would parties have accept
ed them and paid their ten per cent. and
given up their stock to the company un-
less they supposed they would be re-
leased from ever paying or being request
ed by suit TO pay more. As Mr.. Hart
claims to be attorney for the company,
and as his claim is founded upon the
services rendered to and advice given to
the said company, it is presumed until
proof is made to the contrary that the
company acted upon his advice in ac-
cepting the donations OF stock and can
ceiling the same and in collecting the ten
per cent. Of stockholders and giving
them the receipts and releases aforesaid,
and in thus acting on the advice OF coun-
sci, did these things in good faith, and
could like all other trustees plead this
advice in extenuation. IfGov. Hart did
so advise, then for this advice and other
services it is presumed his present claim
against the stockholders is part made
up. If the advice is wrong, it is value
less, and should not be paid for; but If
right, then these stockholders are in law
released, and cannot be made pay dol
lar to any creditor after the date of their
release. The company either acted by
the advice Of their attorney or against It.
II against it, his protest ought to appear
in the minutes; if by it, then it is clear
ly in the province Of the stockholders to
plead this fact as bar to his recovery
against such as were released by the
company on his advice. The writer Of
the.previous article in the News HERALD
and the writer of this article paid his
stock to the company in money, and
afterward in 1884 donated his stock to
the company and it was canceled-advis.
ed the company whenever asked with.
out charge, paid all his expenses when
requested to do so and was ready as 9
citizen at any time to aid said company
not for the purpose of making claim
but as any other citizen, and it is Ger
tainly strange state of affairs that hi
should be found fault with when suet
by,a brother attorney on his statutor,
liability to pay this attorneys fees afte
the railroad company has become in
solvent)if for suggesting what is claimed
by the stockholders as defenses. Man!
stockholders are dead, many are insolv
ent and some are out of the iurisdic
ton. These facts will, of course, maxi
the burden heavier on those who ar
solvent.
The court gave until February LIST
1889, to the stockholders who desired h
answer. The writer will file his own &C
count and has NO concern with what tn
others do, but being satisfied that il
morals, whether or not in law, he ough
not to pay after being released, is not t.
be deferred by the threat in the articl
of III" as to costs. Diselaiming now
once and for all, any thought OF imputa
ton on anyone connected with said rail
road, either as officer, attorney or en-
ploye, the writer statesithat it is certain
ly a legal question worth settling as t
whether or not any creditor can recort
his claim from the stockholders, wlo knew {
and consented TO the collection of the te
per cent. on The stock, and who knew of an
| consented to. the giving Of the receipts in n
form set out in the Gazette Of last week, an
| w1,o knew Of and consented to the giring
, releases in the form set out IN the Gazette
4 last week, and aoho knsW Of and consented
s the surrender and cancellation Of the stock
In conclusion, If Mr.. Hart and any
Q the creditors plead entire ignorance
any of these things, or if the same w
done against their advice and under mr.