Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-02-09

substantially the same denial OF the al
legations of the plaintiff, as is set Iorth
in the above reply by Mr.. Sweeney, tax
ing up Seriatim the matters contained
in the bill and disposing OF them. On
the point OF the $500, alleged In the
bill to have been paid by Mr.. Uptegraff'
for Ferris 81 Kaufman, to Mr.. Huo-
bard and the other respondents, Mr..
Hubbard has this very interesting ex-
PLANTATION 10 offer. 1t will be read with
great interest not only because OF It's
refutation of the allegations OF the
plaintiff Company, but also because 1t
explains very thoroughly the large pur-
chases of Island real estate made year
or more ago through Mr.. Walter Rlne-
hart, and which was known to be deS-
tined for railroad purposes. On TINS
point Mr.. Hubbard says
Respondent says that while u IS
true that the said Uptegraff paid to this
respondent at various times sums OF
money, aggregating Sc, all OF which
amounts this respondent used in paying
calls which were from time 10 time
made upon his $1,000 Of stock In the
plaintiffs Company, and which amount
respondent then believed and now be-
lieves was furnished TO the SAID i pte-
graf by the said Ferris 81 Hartmann, IN
pursuance of their obligation to this re-
sDondent, yet such payments 0y terris
&, Kaufman were not made to this re-
spondent in pursuance OF any such
agreement as any of the various agree
mentS alleged in the bill, but were MADE
because the said Ferris IL Kaufman
were indebted TO the respondent, and
were bound TO pay him those amounts
on account oof al agreement between
them which was entirely distinct from
and had no connection with the build
ing of the said bridges, or the receiving
by the said Ferris & Kaufman OF the
contract for building the same, and un-
der which arrangement the said Ferris
& Kaufman had agreed with this re-
sDondent To pay for his $40 600 stock in
the plaintiff Company as the payments
of the same should be called for by the
plaintiffs Board of Directors. This ar
ranQement was made by the said Ferris
g. Kaufman through the said w. d..
IJDtegraff, who came to this respondent
authorized by the said Ferris Il Kauf-
mann, as respondent then believed and
now alleges on information and belief,
10 submit the said arrangement to this
RESPONDENT, and who did submit
it to this respondent and re-
ceived this respondents assent
thereto, and the avermentS in this
answer with respect TO the said arrange
ment with Ferris 81 Kaufman are
based upon the respondents dealings
with the said Uptegratf, and are made
upon information and belief.
"As respondent is informed and be-
lieves, the said Uptegraff had Tor some
time been carrying on negotiations for
the purpose Of providing terminal tacill-
ties in the city Of Wheeling for one or
more of the railroads which approach
the city from the west, and are separat-
ed from the city by the Ohio river.
With one at least of the said railroads
characterization had, las respondent 10 In
formed and believes. so far progressed
that an arrangement had been made for
that railroad TO use the facilities so to
be provided, and to pay for the use
OF them. Many negotiations with refer
ence to this project were had be-
tween the officials of the said last men
toned Railroad Company on the one
part and the said Uptegraif upon the
other, and a satisfactory understanding
was at last reached that such Com
many rs is herein before described should
be organized for the purposes indicated,
and that the representative OF the said
Railroad Company, with whom the said
negotiations were for the most part car
ried on and his associates on the one
part, and the said Uptegraf, Sweeney
and this respondent on the other, should
be interested therein in proportions
agreed upon, the said understanding
being that the said Uptegratf, Sweeney
| and this respondent were TO be equally
interested in the proportion assigned TO
them. Respondent shows that, IN
pursuance Of the agreement,
the said last mentioned Com
PAW was afterwards organized,
being Incorporated under the laws of
the State of West Virginia by the name
of the Wheeling Terminal Company,
| and that it purchased, with view To
carrying out the said agreement, a
large amount of valuable property sit
uated on Wheeling Island, and cOnsti-
! tuting a broad and almost complete
strip across the said Island, from one
/ branch of the river TO the other. Re-
/ spondent makes the foregoing allie
cations with regard to the negotiations
and arrangements leading up TO the
INCORPORATION of the said Wheeling Ter
minal Company upon information and
belief.
Respondent says, on information
and belief, that the defendants, Ferris
& Hartmann, became acquainted will
the existence of the said project for th'
said Terminal system last above de
scribed, and became impressed with thu
belief that it would, in all probability
not only furnish work in the line o.
their profession, but that it would alst
eventually develop so as TO produce
large profits to those Interested In II
and respondent in the same manner al
leCes that the said Ferris d Kaufman
became very DESTROYS Of acquiring al
interest therein and upon information
and belief respondent says that thu
| said Ferris & Kaufman anC
the said Uptegraf had some
negotiations with reference to permit
ting the said Ferris & Kaufman to &C
ouire an interest in the said project, ant
in Pursuance of these negotiations tat
| said Uptegraff came TO respondent an(
submitted TO respondent proposition
from the said Ferris 81 Kaufman tina