The sun., 1890-01-25
noLI1Ns . 90 IN COURT AGAIN.
Their Part In the Organization and Con-
Struction OF the 8. and u. Railroad.

| Ahelr fnrt IN the DETERMINATION 0no Con
| struction OF the 8. and u. Railroad.
Frank G. Hollins & Co. were in court again
yesterday in another OF tho complex series ol
| litgotions In which they are involved. This
time the court was held in the Potter building,
and the Syracuse and Baldwinsville Railroad
was the concern opposed TO Hollins. This road
was one OF the first OF Holinss enterprises
after he went into business for himself P. K.
Green was apparently the promoter OF the road.
He was clerk In Holinss offlce. and when the
organization OF the company was completed
Rollins was elected President. The main line
OF the road was to be but six miles long. run
ming from Amboy. on the West Shore road, near
Syracuse. TO Baldwinsville. This was In 1886.
In the fall Of that year. according to the min
utes of the railroad company. the President
notified the directors that man named Powell
OF Brooklyn would build the road and take as
payment the entire issue Of bonds. amounting
to 100000 and some OF the stock. Tho direo-
tory gave the contract to Powell. and the road
vas built Trains began to run early IN 1887.
year later the bonds were defauted. and q
receiver was appointed. Litigation has been
the order ever since.
=, The case in hand is suit brought by Robert
W. Webb against the receiver, to recover pos
session OF locomotive which is security for
eSer is % oyd
Of the case is thus given by his counsel VIII
liam M Ross of Syracuse. who came down yes
Isaac b. Potter:
"F9reelosure proceedings. were instituted
last January and an order Issued appointing z
Mr.. Bentley receiver. That order provided
that the oihcers oi the company shoul id deliver
1n all s Sn and other PROP
Baldwinsyiile Railroad. has a locomotive which
np %9s purchased r; Rs 81 tie e New York Locomotye
$500 was paid In cash. and the balance was
to be paid In monthly installmenLs o. 1881. the
Ti hrs 6esF H. Msg H
confidential mani Treasurer. both beng in the
directory and cont oling the Board. and Hol-
Inns being member OF the Executive Com
mittee. the Board voted to pay Hollins & CO.
$6,700 for their services as fiscal agents OF the
Holllns piece Of real estate known as the
Foster property. in Baldwinsvile. as payment
fiscal agents claim the PresideSE est .S + &. p HoI9
Heliins L CO. Tor 10000. and snis the PRESIDENT
In the summer Of 1888 payments on the
locomotive were made by Baldwinsvilie people
at Hendersons express request. Bentley W them hen
the agent Of the road, sent TO Henderson about
standing notes. The money was used ior that
purpose. as We believe. The note due In Janu-
aaIyss 1889, was paid BY Bentley directly to the
hoiSers, no ger ana sHnseauent notes were also paid
il The isl q 1883 Robert ". Webb brought
or to recover So 100 alleged to be due on It. and
dan d. ages ior Its @ @deteption. Webb claimed that
III Doc0mD Der, 1888. HOlllnB had assigned 70
him all tho rights that aollins had by virtue OF
paying the claims of the Locomotive Works
aud had also assigned to him these notbs.
Money for the January note was sent to the
Loc' motive Works. and u draft was sent here
and received by Hollins; yet this is one ofthe
notes tor which Nebb sues. As all these trans
actions were In the knowledge Of Henderson
moved TO punish them for contempt before
Judge Kennedy Of Syracuse for not delivering
alter proper demand the books Of account kept
as omcers OF the company showing their deal
lnRs as fiscal agents OF the company On the
return day OF that motion they filed Jaffidavits
alleging In substance that they had no books
belonging TO the company. and Claimed on
argument that they had never kept separate
books. but that the company's accounts were
mingled with the accounts OF Hellins d Co.
Judge kennedy ordered a referente to Isaac b.
Potter to find the facts"
Hollins marketed the bonds OF this little road
az nearly par and In the course OF the lltiga-
tion that has since ensued it las been devel-
opod that Powell. the contractor was merely q
shield for Hollins himself. The Baldwinsville
people claim that the road cost only $4,000 to
build, leayinR the fiscal agenta profit Of about
$00OOO. 1t was also shown that when the
bonds defaplted Hollins. the President, d.
rector. member OF the Executive COMMITTEES,
fiscal agent and privately contractor, held Just
100 worth OF bonds. Tho rest had been ju.
dleiously scattered.
Lawyer Brainard appeared at the hearing
yesterday as counsel for the railroad and asked
for an adyourment in behalf of Hollins and
gould be demanded by these people until they
had pers onally appear ed In court. Tho referee
SUSTAINED him. and ut 1880 p. M. Hollins and
henderson came in. The proceedings were
taken up entirely by arguments. which ended
In an adjournment to 10 o'clock this morning.