The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1892-12-23
HICKMAN. FULTON COUNTY. KY. FRID.
a DECISION

| NSninst the Trustee. of u,rper ibe
Grain blunRer auc DnfRuIting President
offidelitv Natioaal Ia n. a. cinnati.
NAs'lIN0ToS, Dec. 21.--Tha t,itc,,
states supreme court Monday rendered
decision against the trustees OF T.. L.
Harper, the Cincinnati grain plunyer
ana defaulting president OF the Fidelity
national bank, IN suit brought against
him by Preston & MclIenry, grain
brokers Of Chicago, to compel Harper
and his associates 10 pay their unpaid
subscriptions 10 the capital stock of the
cincinnati, Columbus and Hooking Val.
icy railroad Co, in order 10 satisfy the
Judgments OF Preston & Mcllenry and
lo,hers against the company which re-
mained unsatisiicd after proceedings AT
H law.
The court, in an opinion by Justice
shiras, says that the evidence connect.
ed with Darper's organization OF the
company fully justifies the opinion OF
the court below that IL twas grossly
fraudulent from frst TO last, without
single honest sentiment or redeeming
feature aud that the generalization OF
| thc property frnntferr6d " the railway
| company by Harper In pretended pay.
ment OF subscriptions TO the capital
stock was SO gross rs 10 clearly entitle
bona hde creditors TO enforce actual
payment as the subscriptions The
court then considers ilarper's defense
that Preston, Mcllenry ct al, were not
bona tidc creditors
His allegation that Preston and Nc
Henrys when they agreed % take the !
eompany's bonds in payment OF Har.
pers indebtedness 20 them, were fully |
cognizant of the mode OF organization |
OF the company and privy 20 it. is not
supported 10y the evidence. Il also
holds that the evidence likewise fails TO
support lIarper's averment that his
original Indebtedness 20 Preston & Me-
Henry, in payment Of which they took
the railway bonds. arose out OF a gam.
bling wheat deal on the Chicago board
OF trade.
The United States supreme court
Monday affirmed the judgment OF the
circuit court of the United states for
the northern district OF Ohio in the case
81 George j. MeGourhey, trustee appel.
liant, vs. the Toledo aud Ohio Central
Railway Co. This was an attempt on
the part OF holders Of car trust certid-
Gates Of the road named Ia have their
rights adjudged b bc paramount TO
those Of the first mortgage bondhold-
ers, and 10 compel the performance OF
the lease between McGourlSey, as trus.
tee, and the Ohio Central Hallway Co.
Tor the rental of rolling stock by the
sale Of said stock and the satisfaction
u their claims
The Ohio Central wGs sold bv order
n the court for the foreclosure Of
mortgage for $1,000. coo. was bid In by the
and rcorgani1ed under the
name Of the Toledo and Ohio Central
Railway Co. The rolling stock was
.old along with the other property. and
NcGourkey's proceeding was in the M.
urc of an Intervention To secure the
'ars, locomotives. etc. Justice Brown
the courts opinion. Chief.
Justice Fuller and Justice Brewer dis
,ented.
Monday the supreme court straight
'psd out complication In the new cir
'uit court OF appeals for the Ohio and
Indiana circuit by designating Chief I
Justice Fuller TO temporary duty in the {
seventh circuit, 10 which Chief-Justice
Harlan is permanently ass gncd. 1t
iruied the application OF counsel on
Zach side 10 bring up direct from the
'ilcuit court and without trial in the d
newly created circuit court OF appeals, I
hc suit between the Cincinnati. Hamil- 7
on and Day ton Railroad Co, and W. r. ?
iran, arising out Of the railroad opera
Ions OF Henry :. Ives, few years ago
1nis Is the case in which the circuit
udgcs were disqualified to act making
impossible 10 organize the appeals !
ourt without the presence OF Justice !
HARLAN or a substitute.