The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-10-04
THE CITY RAILWAYS.
THE MATTER or APPOINTMENT
OF RECEIVER.

THE MATTER OF APPOINTMENT
OF RECEIVER.
Answers FILED of Mr.. James :. smith, ES-
ecutor James, aud Of Mr. Gilbert VI.
spier-Furthcr Hearing Of the Case
Postponed Until To-Day.
Nf2N. Yesterday the case OF the -pragic
Electric Railway and Motor Company and
others against the Richmond mon Passcn-
ger Railway Company, and the ease ~
Henry steers. Thornton y. Motley and
others against the Richmond city Railway
Company came up in the 'hancery court of
Richmond.
ON taking his seat OH the bench Judge
Fitzhu2h asked the counsel if they were
ready 10 proceed with the case. Hon. John
:. Wise replied that the counsel for The
plaintiif. were ready. bat the counsel on the
other side had not vet arriNcd. except Judge
staples and Nr. Christian. captain Wise
then introduced Nr. Il. :. Newcomhc. Of
the New York bar. who would be- associated
with him in this case and desired 10 qualify.
Mr. Newcombc duly qualified.
Mr.. Wise said that Judge staples and Mr.
Christian. representing the other side. were
present. and suggested that the ease pro-
cccd without waiting for the other gentle
men. which he was perfectly willing 10 do.
He then said be- desired 10 file the following
answer:
MIR. SMITHS ANSWER.
>pra2ue Electric Railway and Motor Com
pany - ais. against The Richmond mon
Passenger Railway Company.
Ip~rcr NJ JomcS y. Smith. Executor NJ
JoHcs y. Nmifh. deceoScd.
Thi. respondent. by leave of the court
first had. doth answer cOmplainant~' hill a.
follows: Respondent il executor ~ aiore-
said. having been appointed such i'm the
~urrogate's Court of Brooklyn. y. Y Re-
-pondcnt holds - such executor seventy
three bond. Of said Richmond Union Pas
~cnger Railway Company for I'VE nun
drcd dollars each Of the date and series
mentioned i'm said bill. aggregalin2 S"W".
Respondent only has with him the numbers
of twcntv-iwo of said bonds. running nom
lla So and jll. The past due interest on
said bonds amounts io several thousasd
dollars. hut the amount Is NOT exactly
known. Respondent viii prove the exact
amount before a commissioner. Respondent
unitr- in the prayer of the bill for the mp
pointmcnt Of "a receiver and for the accounts
therein PRAYED for And having fully an
-vefed ho praA~ 10 D.. hence dismissed. ~.
oath waived. jiNf> =. SMITH,
Executor of James y. smith. deceased
IoiH s. liiSc. pa.
MIR. SrIEE'~ ANSWER.
Also ihe folloWin. answer:
Steer. and Noile, rs the Richmond city
Railway Company.
Thc .ius,rri. of rtfbcn ". Np'rr. H..
This respondent having asked permission
and obtained leave 90 hic his answer iu this
cause. SAYS that hr was admitted into tine
-uorulation of tlr purchase of the Rich
mond cit, RAILWAY hy Maurice Il. Flynn.
deceased: that August /. l>,'. Doe pad SAID
/ flyuu ihD sum rf >.,upp flf hIndfrIih in-
tcrr-t I'm said purchase. om the representa-
/ tion and with the belief that said Flynn
/ had hou.hi 30 for >inu.nh. \ copy oi ihl
receipt of -uid Maurice u. Flynn is hcrci'
attached and prayed 90 Doe taken as % part
! hereof This, respondent. hein- satisfied
/ that hi- interest in said purchase was really
| s.. ODD i'm s2lO.mn. and mot Si.un in ,.,uN.n1n
/ he ura,- that his true interest viii hc pro
tcci,d and declared 90 him in this suit.
Further answering. respondent concur
in the PRAYER O. said bin for the appoint
mpni of 70 receiver and the accounts 90
Therein ~rf forth. And having fully an
-,,orod. hc urlY- fD hn dismissed with hl
costs IN This henaf expended
oath waived. -. VI. ~iiEt. If.
f0hH IS. u isc. pg.
MIR. Hymns HECFIrr.
THE following is Oh. copy of the receipt %
Nr. Maurice u. Flynn referred to hy Mr
~peir 100 his answer.
NEW loEk. August T. l>S>.
~R.cci,ed of Gilbert VI. >pior. Jr.. three
thousand dollars. which siam have recciNc'
a. part of the first payment az one hundrc
thousand (SlOO.mU dollars under couirac
made for the purchase OF the Richmond Cir
RAILWAY. dated June ~. l~~~. The patlneu
Of the above slim entities ~tid ''lliFfi VI
~nier. Dr.. fO one onc-hundredfh part Of al
the stocks. bonds and other securities of Oh
. -lid Richmond civ Railway. n being ul
dcr-tood that the said Gilbert VI. ~pier. Jr
becomes an owner 300 th" said Richmon
I civ Railway 10 fhccNfrut of three thou-an
dollars fSl .OlW in the proportion OF that sun
70 the sum of three hundred thousand dol
lar. ls3nOmO. the purchase price OF SAT-
Cify Railway.
..rhe cot az all electrical equipments. in
movements and additions 90 said road 90 %
added tO tine purchase price and T" Doe pan
for from the bonds and the balance OF bond
and an the stock tO hr divided. and the coi
tracts for electrical equipments. better
mcnt- and additions 90 Doe subject io on
animation 40 ali shines hy Gilbert VI. spiel
.Ir. MAURICE q. FLYNN.
. rIN,L ACTION POSTPONED TILL TO-DAY
.IudeD ~faple-. Of counsel for MIS-. Flynn
said ihey had been working diligently %
the previous day and great part N th
pre-, i0u~ night io -et ready tine answers I
line papers filed hy the complainant. m
o they were mot yet iu "a state 90 completion
P hut Thought they would have the paper
ready i'm tine course OF three or four hour
D when Doe would turn them over io cuun-'
ou tine other side for examination. ANA AL
p ed that the case should Doe laid over n
. today.
Mr.. Charlie. 4. Williams said that Doe la
. received % telegram within the last ha
hour directing him t0 represent thr Mefcai
tile Trust Company. trustee lm ihc nlufl-"
of the Richmond MON Passenger EallWa
e Company. who are parilc, defendant in M
e hill and Dec was ALSO associated with Dol
partner. Mr. \. l.. B0uwarr. who repr
~cnicd Major Claiming VI. Bolton and Cd
Noniiaur Steel Company Of Pcnn~NN ani'
ID and requested % uO-ip1nemeni 300 order
J. have au opportunity tneNamlne the paper
10 in fhc ca-r.
70 Mr.. Wi-e said hc had no objections to Oh
b no~tuonpmcrt and judge fiilhu-h Oh
u rlarcd court adjourned iill to-day 40
10 o'clock.
, Amone those present in ihc cour-ro
were Nc~~r-. Thornton \. Motley. 1llhc
K VI. ~pier-. Jr.. Joseph II. Flynn. brother
% Maurice r. Flynn. deceased. and J..
s. spencer. for "a number ui year, pa~l N""
A lannrr flr CIV 4. llotrhkiss. Field ~ con
O. pan,. Of which firm ihe iair NJ. y. fHi
]. was a partner.
THE TURF.
Results and Entries for the New h"i
Jockey Club lWc~tchcstcfl Races.
The following are yesterday results
the races.