St. Paul daily globe., 1895-10-27
ONE is ASKED FOR THE OLD Nj.
~ ST. l.. COM
PANY.
NEW COMPANY UNAFFECTED
SUIT PROMISES TO BE A LONG
ONE AND BITTERLY CON-
TESTED.
LAST STONE IN IT'S PLACE
On the New Court House Walls
Councilmen Favor Buying
the Expo.

An important suit was begun yes
terday afternoon in the district court
in which the old corporation known
as the Minneapolis & st. Louis Rail-
way company is made the defend
ant, together with a number of the
stockholders.
The present corporation in charge
of the system is known as the Min
neapoliS & ST. Louis Railroad, COM
pany, and the two should not be
confused in any manner, the old cor
poration having the road previous
to and while it was in the hands of
the receiver.
Henry Gardner brings suit on
judgment secured Dec. 8, 1887,
amounting to $S,7191O This was Sc
cured by Reville P. Paishall, just
prior to the time that the corporation
went into the hands of a receiver.
Paishall was awarded the Judgment
in the United States court, but
stay was granted to the defendant
on the ground that in time the judg-
ment would be met. Before the
stay expired the corporation went
into the hands of a receiver, and
Paishall refused to accept a re-
lease of his claim when the settle
ment was made with the creditors
of the corporation and previous to
the reorganization as the Mime
apolis & ST. Louis railroad. In the
meantime, PaishalI had transferred
his judgment to Henry Gardner,
who now brings the action.
1t is asked in the complaint that
the old corporation, the Mime
apolis & st. Louis Railway company,
go into the hands of a receiver, and
all Of the assets Of the corporation
be sequestered for the purpose Of
meeting the judgment 1t is stat
ed in the complaint that through a
technfcality in the transfer, that por-
ton Of the line running from Win
throp to Morton, Mimi, is still in
the possession of the original corpor-
alton, and that the receiver would
take charge Of that portion Of it.
If the assets are not sufficient to
meet the claim, which is now said to
be $13,500, including interest, then it
is asked that <tile receiver appointed
by the court begin an action against
the stockholders in the old concern,
the Minneapolis & st. Louis Railway
company, to require them to pay
their pro rata share of the judgment
The stockholders named as liable
are: William L. Bull, August Bel.
mont, Edwin Hawley, Richard Harts-
horne, P. P. Olcott, w. A Read, VIM.
Strouse, J. K. Todd and w. D. Wash
burn.
While the suit does not affect the
active corporation now in control of
Minneapolis & st. Louis affairs, it
does reach many of the directors,
and it is likely to be fought bitterly
on both sides. Flandrau, Squires
and Escutchon represent Gardner,
and Solicitor Clarke will probably
represent the old corporation.
The fight will probably be a long
one, as long, perhaps, as the one
over the receivership matter. The
point at issue is whether or not the
old Judgment is collectable when the
affairs of the corporation have been
settled up and the old receiver is
discharged. 1T will not in all proba-
bility come UP before the December
term of the district Pending
settlement Of the matter, the litiga-
tion does not affect the Minneapolis
& st. Louis Railroad company, the
present corporation actively in con-
troll, in the least.