Sullivan republican. [volume] (Laporte, Pa.) 1883-1896, 1893-10-13
FILED A BILL IN EQUITY.
The Trustee of Contractor GaynOr
Asks for in fnyunctiOn-Ehc Com
psnirts and Relief Asked

pEGtnts ashN sssiiSs ASKED.
Monday morning Charles Bart
les, Esq, trustee of +. j. Gaynor,
Son e. Company, filed a bill of par
ticulars with Prothonotary Hopkins
in the case in equity against the
Wiliamsport aud North Branch
Railroad Company, in which case he
is plaintiff.
When the firm of e. j. Gaynor,
Son & Company, contractors, made
an assignment last July they claimed
that the Williamsport and North
Branch Railroad Company owed
them "a balance of $6T 900, due for
the construction of the extension
of their road from Nordmont to
Dohm's Summit. The claim of
the plaintiffs is set forth in the bill
and the following complaints are
then made:
That they would have completed
the whole of the work as required in
the contract, but that they were
hampered, hindered, and interfered
with by John Marston, Jr, chief
engineer of the railroad.
That repeated complaints, because
Of this, were made to the president
of the road, and that in all cases the
negotiations were carried on with
said president John Satterfeld and
Henry l.. Taylor.
That all of the estimates of the
work done by said firm were render
ed directly by the railroad company
to the firm, and Edgar A. Taylor
never communicated with E. j
Gaynor, Son & Co., and the prcsi-
dent of the railroad, John Satter-
field and Henry L. Taylor in all in
stances conducted all negotiations
and decided all questions arising
out of the contract.
That the difficulties between the
railroad and f. J. Gayror. Son Il
Co., became such that certain mat
ters were referred to Fl X. Nichols
and Charles +. Webster, who made
report.
That subsequently further diff
culties arose with John Marston.
Jr., aud an interview was arranged
between the construction company
and. the officers of the railroad
That at that interview John Sat
terGeld and II. L. Taylor, both
being officers of the railroad compa-
ny and guarantors on the contract
for building the extension, promised
and agreed with e. j. Gaynor, Son
& Co., that they should lose no
money upon said contract, and if
the price contracted for was insult
licient. it should he increased.
That plaintiff believes and charges
that said Edgar A. Taylor was
formerly chief bookkeeper for the
Union Oil Company, of Buffalo, n.
T., and that said Union Oil Company
is wholly or partly composed of
John Satteriicld and Henry /.
Taylor, of Buffalo, \. Y, and that
said Edgar A. Taylor is teller Of
the Fidelity Loan and Trust
Company, of Buffalo, n. Y.
July 2l, 1898, Gaynor & Son as
signed to Charles BartIes, trustee
Tor the employees and others. The
sum of S67 900 is due from the rail
road company to the contractors.
suit for which was commenced to
No. 45s, September term Of court
II is further alleged that mort
gage of $2,000,o00 was executed BY
the railroad company to Fidelity
Trust and Safe Deposit Company,
of Philadelphia, and that none of
the bonds secured by this mortgage
have been issued or held BY any one
except Satterheld and Taylor.
That plaintiff charges that if any
contract was entered into between
Edgar A. Taylor and tie railroad
company for the construction of
said extension it was not bona
lide contract, but it was made to
avoid any responsibility of the rail.
road company to II. J. Gaynor, Son
4 Co., and tor the purpose OF avoid
ing the lien Of the laborers and
materialmen, who had respectively
worked on or furnished supplies fol
said extension,
The plaintiff then asks for relief
as follows
First. That the alleged contract
between the Williamsport and North
Branch Railroad company and
Edgar A. Taylor be declared null
and void, and if such contract exist
decree be entered that it shall be
delivered up and cancelled.
Second. That q decree bo enter.
ed that the contract made by Il, j.
Gaynor, Son 4 Co., with Edgar A.
Taylor may be deereed TO be con
tract with the Wilhamsport and
North Branch Railroad company.
Third. That master be ap-
pointed to ascertain the amount due
/. }. Gaynor, Son a Co., and that
The railroad company, John Satter-
ield and Henry l., Taylor be order
ed to pay said amount to T.. j.
Gaynor, Son 4 Co.
Fourth, That the Master shall
make a list of laborers and material
men aud the amounts seyerally due
them.