Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-01-15
GRIGGS WINS A SUIT.
The Garrison Estate Must Pay Him
Nearly $i75, 900.
The Father of Albert q. Griggs of This
City Wins an Important Verdict, which
Payes the Way to Over a Million More.

The Father of Albert q. Griggs of This
city wins an Important Verdict, which
Paves the Way to Over Million More.
The New York World of Wednesday,
18th inst, says One of the most i'm
portant judicial decisions rendered in
the courts of this city for many years
was that of the superior court, general
term ,lastMonday,i in reversal of Judgment
in the case of G. Robinson Griggs, the
railroad contractor, against the execu-
tors of the estate of the late Commodore
Garrison and ordering new trial The
amount involved is away up in the mil
lions, and the case has been before the
courts since 1884.
In 1879 Griggs contracted with the
Wheeling & Lake Erie Railroad Com
pany TO build line from Toledo, o., to
Wheeling, w. Va. For his work the
contractor was to be paid $4,000 of the
first mortgage bonds and $4,000 in full
paid up capital stock for every mile
built. The company was also to furnish
the necessary money for right of way,
grading, bridging and tieing the road.
Griggs for his bond and stock was to
furnish rails, fastenings, frogs, switches,
&c, lay tracks and ballast, and equip
with rolling stock, water tanks, depots
and shops as specified in the contract.
When the time came for building the
road many subscribers to the stock
failed to pay up, and the railroad COM
pany had no money to go ahead. Griggs,
in 1880, went to Z. K. Garrison, and, in
order to obtain the money, sold him the
first mortgage bonds of the company Mt
S54 with interest, also giving him as a
bonus for the entire issue $1,000 of the
full-paid capital stock for every 81 900
in bonds, for which Garrison was to
supply the necessary money to build.
Subsequently, upon Commodore Garri-
sons demand, Griggs delivered addi-
tional stock to make up nearly two
thirds of all the stock, thereby giving
Garrison control.
In the trial that took place it was in
evidence that two divisions of the road
had been completed, from Toledo to
Bowerstown, o., leaving the Wheeling
division with only work to the amount
of 100000 done on 1t. Griggs, in his
testimony, stated that at this stage he
called upon Garrison to furnish more
money for completing the Wheeling
division, or pay for the balance of the
bonds, amounting to $500,000 but Gar
rison, having control of the company
and the road, refused to do either. AS
the commodore owned the majority OF
the stock, Griggs had to submit.
Griggs in his testimony further stated
that Garrison for money advanced the
railroad company had received the com
pany's notes Endorsed by Griggs as col
lateral security, and also $1,000 shares
of the capital stock as additional col
lateral security.
Finding that he could not obtain the
money to finish the road, Griggs asked
for an accounting, and, though the debt
was acknowledged, the request was put
off from time to time.
At last an action was commenced to
secure the accounting and the case was
sent to Rastus S. Ransom as referee;
Robert G. Ingersoll, John Mcdonald
and Samuel y. Heasley appearing fol
Griggs, and ex-Judge Horace Russell,
Melville @. Day and William Bronx for
the Garrison estate, the commodore hav-
ing died.
Months and months were spent by
Referee Ransom in taking testimony
and just as he was about to render his
opinion to the court he was elected sur.
rogate. Hamilton Odell was then sub.
stituted, and by an agreement entered
into by the lawyers on each side, Mr.
Odell simply read the testimony taken
before Referee Ransom.
After the case had dragged along fol-
some time Referee Odell decided that
the Garrison estate did not owe any
money to Griggs, while on the other
hand Griggs owed the estate $2,171,-
395.S4 for the notes held by Garrison.
This was genuine surprise to Griggs
and his lawyers, and it is now claimed
that Mr.. Odell should have been al
lowed to hear the testimony over again
instead of reading it. The plaintiff,
after the referees decision, carried the
case ON appeal to the superior court
where it has been argued for a long
time. On Monday the full bench, con
sisting of Chief Justice Sedgwick and
Justices Freedman and Ingraham, de-
cided that the referees judgment should
be reversed and new trial ordered, and
that Griggs should receive credit to the
amount OF tho notes exchanged by Gar
risOn for bonds and which, with the in.
terest from May LIST, 1888, amounts to
$2,S45, 56173. This wipes out the judg.
ment against Griggs upon the note
transactions and gives him alone a bal.
ance of $t74, 1889.
WHO THE CONTESTANT Is.
G. Robinson Griggs, one Of the prin-
cipals in the case above stated, is we'll.
known in Wilmington, having lived foI
several years on the Conrow place, on
the Philadelphia pike. He left there
about II years ago and has since heen
residing in New York. His son, Alfred
Q. Griggs, is treasurer of the Coombs
Coal and Lumber Company of this city
Having Won the contest on the notes
Mr.. Griggs will at once enter suit to gel
back the 33,620 shares of Wheeling &
Lake Erie stock given by him as add.
tional security, and which are released
by the payment of the notes. They are
worth now over $40 per share over
S1,3O0,000. He has retained Robert G.
lngersoll as counsel and the suit will be
pushed TO a speedy termination.