Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-05-28
Answer OF r. M. Page, the
vice-President OF the Bank.
FULL TEXT OF THE PAPER.
Assdalts Of c. J. swsssY and Captain J. 8.
LIhI.lohn--Eshlbils Attached 10 The Ls-,
gal poeumsni-Lsliss From Gen.
Hsman Now 0a Of The City.

Duuh ~ ilt ~ Aht VIZ
trict court Of Tarrant county, Texas,
A. d., 1893.
Answer Of defendant. II. NJ. Page.
Now Genes the defendant, II. NJ. Page,
.,d darn,,r. 60 rI.;nti0's nathan and
,l
says hlit sathe " iheuHh'ieht III ~" 49,
constitutes no cause of action. of which
b. pravs the iudxtn ent OF the court
60, a = ...'.i..l., .,,,.,.,,..,,.. e.,. ,I.fend.
carter ~ i.e",,sn'' "''''n''' ~ U''''N
ant, X NJ. Page.
Defendant further specially excerpts to
ali TINT nortion az said hin lorieinnl hin
-. ~ -. - 49,. H.. ,i,ts
reiAtlhg 10 Tue lAklhs OF money W u",'
defendant and A. Is. smith, for that 1t Is
not ayerred therein that said bank suf-
a.red onv ,oss ,berehv
"teu "'' ~s' '"viVDy
Second. Defendant specially elcepts 10
all that portion Of snid original bill
wherein II IL ov.rrcd Tint th,. salaries
az - ..
Palu 10 inc ohlcers OF raiu pahh "''
excessive, because 1t Is not shown by
snid hin what such services are worth IN
tho corpmnnitv Il, ,,lich ,h.v were npr.
~ ~,
formed, nor the character skill nnh
ability possessed by said parties, nor the
nnrtic,ilnr Kind md character OF work
-,
Pni''"Vu ~ S"N p"'"''
Third. Defendant specially excerpts to
All that pnrt OF snid original bill with
r,,....,.., =, ,h, ,,,,,u,t az ro,i mid
~"
Tor tue bank hnllilhg' because II " MOI
ilrreln alleged whrh NE bqnk vNrleu
INTO contract pi lease Tor san lhWpeiH,
nor what was thr character and llhd at
bullulnr wirl, nor Inc nature OF character
Of fixtures used nhd that the bane mao
~ sgii building, ar whnt Wnu1d De me
loss ~ acquiring und changing 10 hhulhrr
building.
And this defendant further dehhrs To
the supplemental bill hled IN TINS rasr Tor
j. VI, Brown, because .lh" snmr ~ IN
Sufiiciunt nul shows no cHus" Of action,
aud of THIS he pfayS the Judgment OF
the court
carter a l@wrght attorneys ioi defend
ant, u. VI. Ingc.
Aud for special exception to said sup
nlemcntul bill defendant shows mat On"
avcrment therein contained with refer
encc TO whit y styled IN snid supplement
tnl bill, "The liylaud Gold Mining Com,
pHuy Paper Is insufficient and that II
Is not alleged IN said hill TINT the said
paper was valid, subsisling and iheon-
tested paper
second. II Is not shown 10y amy npnro-
pirate nyeunCnts that there were not
sufficient iensons for Ordinarily prudent
bankrrs Ia accept said S22,AuO In full
satisfaction of said debt
Further specially excepting to said sup
elemental hill, this defendant shows that
the aytrmcuts therein NTH reference to
the refusal to compromise the claim OF
said bank against H. u, Chnsr, are not
sufficient. le'iuse i Is not alleged that
any part OF said claim Is disputed and
liable TO he lost because of such failure
tu make said compromise, aud defendant
further excerpts 10 said supplemental hill
IL all that part thereof that charges
this defendant with collision with \, Il
smith To use the funds If said hinl, IN
buy ia the property Of H. II. Chase when
sold at execution sale under judgment
against s9id Cha' IN favor al said hahk
because the same " not nNcrcd upon auN
knowledge ot the pLlinui IN said supple
mental III, or upon any information fur
nishcd him by any named person, 81
Otherwise, so the same should he inVcstl
gsted. fifth, because t,is court rs "
jurisdiction 10 appoint q receiver OF The
said national hank,
OF all these drmurrers nnh exceptions
this defendant prnys the Judgment oi th
court.
Carter \ l.cwIlrht, attorneys for defend
ant, H. NJ. Page.
And for special answer herein, your re-
spuudrut shows that IL Is tine that n
tue 2uth day of September, lSOl, snt
hlrk was lay the comptroller Of currcnc
of the United Statls, permitted to opc
It's doors aud do q banking business nm
that Its assets wciN worth about s.
aud its liabilities about s., lie doe
not know of any matter which woul
lead him To believe that the said conI
trollcr OF currency made the ordr
permitting said bank TO resume business
upon the faith of any Representation
made by a. u, Smith, false In any PAL
iiculnr.
lie AYERS that on the I'D day NJ Al
FIst, 1891. the Stockholders OF said ban
ncld II meeting aud the following resoll
tion WIS adopted, tO-Wit.
ION motion of IL, VI. Wynne. duly Sc,
onded, committee OF two. consisting {
A. l.. l.uckctt aud A. u. Smith Is al
pointed TO visit New York and ucg0tiai
loan Of Sl5O.O0O to be used In the rcul
ening Of this bank, aud they are hercl
authorized 10 place Sl5O.O 900 OF this bunk
Noirc bills receivable. to secure the ma
ineni OF the Sl50,O0O loan. and the shar
holders hereby agrre aud guarantee II
payment of such sum under such rcQulr
ments rs the PARTIES making such loa
may demand. Said ~ l.. lnckctt an
A. II. Smith are hereby fully authuria,
TO do everything necessary To raise Il
slJO,OO1, and their acts are hereby m
flied ard confirmed as the acts Of Il
shareholders OF this bank" Which rrs
ttior was ratified aud confirmed by Ii
directors OF said bank, and as dlrectl
thereby. \. l., l.uckctt an \. II. Sui
proceeded Immediately to New York {
The nurlAsc Of negotiating for said ha,
4lwnlakA H.. a a.