Telegram-herald., 1891-11-18
AFTER 1HI HARD Cash
NcRae q Lally the Contractors
Seek TO Enforce . Judgment
AGAINST 4 CRIPPLED RAILWAY co.
0ov the coopissaftsss Involved In the
Suit Grsw-WiIiiam Aiass Smith
Expiaias the Cass-Nsws
Of shs CoursA.


A suit WA begun iu the circuit court
yesterday against the Grand Rapids,
Lsnsng & Detroit railioad, owning the
line from Grand Ledge TO this city. De-
troit, Lansing 4 Northern, and the New
England Trust company. OF Boston,
Mass, by MeRae & Lally. the con-
struction contractors OF the Grand Rap
ids, Lansing q Detroit railroad. The
complasnants say that fraud, corrup-
ton and deception exist To beat them
out of their just dues. The complain
ants were given q verdict by the circuit
court OF Wayne county against the
Grand Rapids. Lansing & Detroit rail-
road company for s9l. .5Sl.2s. Attempts
were made To levy on property and it
was discovered that the New England
Trust company held heavy mortgages
ON the rad. Property in this city Was
sold Tor S29, 60, and the money vas paid
over to McRae 4 Lally by Sheriff Nc
Queen. who made the sale. There WAS
90 additional property upon which an
attachment could be placed. and SOL =
B5 2s, including the costa, remained
unpaid. For . time McRae j Larry
we're in . qusndsry. They egsn suit
and recovered judgment a. gainst cor
poration head over heels in debt. They
profess to have been ignorant of the
fact that mortgage existed until they
attempted to force payment. They IN
vestigxted matters, and learned some
thing new. J. b. Muliiken. of Boston.
was general manager OF the g. r.. l.. h
D.; Il. II. Hunnswell, OF wallesby.
Mas, was president. and N. Thayer, of
Lancaster. Mass., Charles Merriam.
Chss. L. Young, Alpheus Hardy and
George o. Shattuck constituted the
other Offices. These parties neld the
same ofices in the Detroit, Lansing &
Northern, The conclusion Was arrived
at that both corporations were the same.
Upon Ihis information another unit
Was applied for and granted by the
Wayne circuit court. The property If
the Detroit, Ian. ing d Northern rail-
road WAS attached. Subsequent to
these proceedings the suit anove re-
ferred to was begun. The bill alleges
that the Grand Rapids, Lansing &
Detroit 10 amply a creation of
the Detroit. Lanslng & No-thern; that
the complsinants we're not aware that
the New England Trust Company bad
. lien upon the Grand Rapids, Lansing
q Detroit or that the Detroit, Lansing
4 Northern held . long lease Of the
roads. Ii 10 stated that such tactics were
pursued by the last mentioned concern
that the new road could be constructed
without mourning any personal liability
and that the New England Trust COM
pany was . party TO the scheme. The
history Of the road 10 recited and in
CONCLUSION 1t 10 asked that
. receiver be appointed for the
Detroit, Lansing 4 Northern and the
Grand Rapids. Lansing 3 Detroit, and
that the lease and mortgage be declared
null and void. and that permissi on be
granted to sell the property upon the
writ already secured.
A reporter for tho TELEeRAM-HER-
AID met William Alden smith. general
attorney Of the Detroit, Lansing &
Northern railroad company, at the
Morton house last evening. and and
asked him regarding the new develop
ments in the matter of McRae q Laly
against the q. r., l. q ". railroad. He
said that the officers of the company
had not been formerly served with any
papers bearing on the matter, and we're
not losing any sleep over the efforts OF
NcRoe q Laliy to satIsfy their judg-
ment, ss the supreme court would soon
pass 1pon the matter and in his opin-
ION the verdict would be set aside.
Every Transaction Of the mortgage
and lessee with the g. R.. L. 3 ". rail-
road, was open to inspection. There 10
sgreat difference OF opinion between
the company and the construction con-
tractors. which can only be settled by
the courts after . far, intelligent and
impartial hearing. which he expected
TO get upon the questions of Law in
VOWED. The railroads. company's in
t-rests are being looked After By G. B.
Lotnrou- of pstrots