The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-08-25

Indianapolis, Ind, Aug. 24.-Today in
the United States circuit court, John j..
Mills of New York, through his at
torney, Henry Crawford, filed COM
plant against the Louisville, New Al
bany and Chicago Railroad company,
demanding judgment to the amount OF
$500, coo alleged 10 be due because or the
non-payment OF promissory notes Is
sued by the company to him. Z. G.
Field, general solicitor Of the road, ad-
mitted the claims. Judge Woods then
granted judgment for $494. 91LS5. the ex-
act aggregate of the notes. An execu-
ton was served on the local manager,
the latter making the return nothing
found" Mr.. Crawford next presented
a petition for a receiver, alleging the
insolvency of the road, to which the
company assented. The petition was
granted, Judge Woods appointing Will
lam McDoel of Chicago, the present
general manager of the road, whose
bond was placed at 100000.
Mr.. Field in his complaint alleges the
non-payment of five promissory notes
as follows: March IS, s93,n7.37; April
IS, $50, 600; April 80, s121 $685.; June l,
so. 900; June 30, s9S.0o4.
The notes were all issued during the
present year. Further, it is averred
that demand for payment has been
made and refused. The proceedings OF
the court were formal, the action of
each side having been arranged before
hand. Mr.. Field for the company had
prepared an answer to the company in
which the business Of the claims was
admitted.
PROCEEDINGS FORMAL.
After description of the companys
property, the complaint ALLEGES the
capital stock of the company to be sl6,-
900, coo, of which $1,000, GOO is preferred
in the payment of any dividends. The
funded debt is stated to be $780, 900,
nearly all of which is IL per cent bonds
secured by mortgages on the road and
its equipment, and the fixed charges
for interest and sinking fund, rentals
and taxes. amounting to s1,200,00O, in
volve a monthly charge Of 100000.
Further, it is charged that the road,
relying on expected business, has gone
to an enormous expense in improving
the property, $vi1ile poor business has
made it impossible to realize on the in
investment The poor wheat market
alone caused a loss of $4,000 a month
in traffic. The road offered no excep-
ton to a receiver being appointed
Judge Woods instructS the receiver TO
take immediate charge and exclusive
possession of all property of the COM
pany.
ANCILLARY BILL.
Chicago, Aug. 24.-The filing Of re-
ownership bill for the Louisville, New
Albany and Chicago railroad at Indian
apolis, at noon today, was followed at
6 o'clock this evening by the filing of
an anciilary bill in the United States
circuit court in Chicago. The order
confirming the appointment of NJ. H.
McDoel, as receiver in the court for
Indiana, was signed by Judge Woods,
who made the original appointment.
The allegations of the ancillary bill
are the same as in the original. John
T. Mills, Jr., of New York. is the COM
plainant and ne asserts that he is the
holder of a judgment against the rail-
road to the amount of s494, bliss and
that he files the bill for the benefit of
all creditors.
The allegation upon which the de-
mand for a receiver chiefly rests is that
the road is insolvent and will default
at its next interest day in the payment
Of interest on general and equipment
mort ga geS