Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1892-09-05
The Amended Complaint.

SUPERIOR COURT.
Alamance County,
The North Carolina Railroad Company
against Thomas b. Long, ii. c. Long,
John 7. Dewecse J. b. brassington. r.
c. Cotton, John W. Gunter and Owen
Lindley.-Amcndcd complaint.
The plaintiff complains Of the defend
ants as follows:
/. That heretofore, towit, on or about
the Doth day Of August, 1868, by agree
mcnt with the plaintiff, the defendant,
Thomas B. Long, entered into the en-
ploy Of the said company, as its agent at
Salisbury in the county of Rowan, and
became liable by the terms of his afore-
said agreement, as such agent, to faith
fully account to said company for all the
tickets placed in, or which should after
wards come to his hands, on account OF
said company, and the just proceeds
thereof. and pay and deliver the same to
the said company and also to pay over
to said company all moneys received by
him from time to time during the con-
tinuance of said agency, on said COM
pany's account for passengers, freight
or otherwise, and in all things to faith
fully discharge his duty as agent for sad
company.
.. That on the said Goth dav of August
1868, the other defendants, II. {. Long,
Ohm 7. Dewcesc, !. D. BrasSington r. G,
Cotton, w. Gunter and Owen Lindlcy
in conjunction with said Thomas b.
Long, by their writing obligatory, sealed
with their seals, acknowledge themselves
to be held and firmly bound unto the said
plaintiff in the sum of ten thousand dol.
lars to be paid to the said plaintiff when
they should be thereunto requested
which said writing obligatory was. and
is subject to. "A condition therein rCCited
that the said Thomas b. Long would
faithfully discharge his duty as agent as
aforesaid, as above set forth. The said
bond is filed herewith marked "A and is
made part of this complaint.
3. That the said Thos. B. Long under
and by virtue o! such agreement, held The
Office of such agent continuously Y from
the said 29th day of August, 1865
until and including the first day OF Octo
Der, lS6 9.
+. That curing the period last aforc
said the said Thowas B. Long failed tC
account to the said company as required
to do by the terms of his agreement a;
aforesaid, but withheld from the Sait
COMPANY money, property and tickets
amounting to the sum of five thousant
nine hundred and fifty one dollars ant
ninety four cents, for which sum Thoma
B. Long has not accounted to said plain
tiff, as he is required to do by his atore
said agreement and by the terms of tn
said writing obligatory, although tn
plaintiff has duly demanded such az
counting and the payment and restora
tion OF such tickets, moneys and prop
erty.
5. That by means of which said prem,
ses the said plaintiff is injured and hat
sustained damage to the amount of fv
thousand nine hundred and fifty on
dollars and ninety four cents, and there
by an action both accrued to said plair
tiff to have and demand the said sur
of ten thousand dollars of the said dt
fcndants.
6. That defendants slthough aften +,
qucsted so to do, have not paid the sal
sum of ten thousand dollars, as by til
terms of said writing obligatory, the
bound themselves to do. or any paI
thereof to said plaintiff. but to pay II
same have hitherto refused and still r.
fuse. Wherefore the plaintiff demanc
judgement against the defendants fc
ten thousand dollars and the costs
this suit. w. S. Ball.
Attorney for plaintiff.
The Judgement.
Superior cour,
Alamance county
The North Carolina Railroad comuau