The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-11-14

county which they have since operated.
The consideration to be paid for the prop
crty was 100000 OF the capital stock,
Sl50,000 OF first consolidated bonds or
the new company, said company Also
to place in the hands of the Mercantile
Trust and Deposit company, of Baltimore.
trustee, $4,000 of said bonds to be used
in retiring the bonds of the Egypt Coal
COMPANY then outstanding of the same
aggregate amount and secured ny
a deed of trust. In December, 1919, the
new company also executed $350,0O0 OF
consolidated bonds. The Mercantile Com
pany of Baltimore retained $50,OOO OF
these bonds and the remaining S3OOUOO
were handed Sam'l A. Henszey, treas
urer of the company. Langdon states
that Henszey was to pay the Egypt Coal
Company $150,000 of the bonds for prop
erty purchased and to hold SoU,OOO 10 De
delivered to President Langdon when ne
should have put the mines In modern
working order, and to hold the remain
ing 800, 600 subject to the order OF Lang
don, as president
Langdon then goes on TO say that Hens
zey delivered to him upon his order SZS,-
600 of the remaining $150.OOo bonds. TO
be used as collateral. OF the remaining
S122, 600 of these bonds, Langdon swears
that he is informed and believes Henszey
delivered to Miss Katie Il. Waite, who
has been for six years his typewriter and
private secretary in Cumnock, n. -,
S5O 600 the said bonds being the $780,
900 to which Langdon claims he IS en-
titled under his contract with the COM
pany. he having fulfilled his conditions.
That the delivery to said Miss Waite was
nd vii
able consideration from Miss Waite; that
Miss Waite has since surrendered $685.
600 of these bonds to Langdon upon de-
mand, and that he has since taken legal
steps to enforce the delivery to him of
the remainder of them.
Ii is further alleged that Henszey rep
resented to Langdon, by letter dated Aug.
13, 1896, that he had in the treasury of
said company S34, 800 of these bonds. If
this be so, Langdon asserts that Henszey
has issued wrongfully, without author
ity. and for no consideration S37, 800 of
the bonds. Upon information and be-
lief, Langdon says that Henszey has
wrongfully issued some $500 of these
bonds to himself and the rest TO his reia-
tives and friends
1t is alleged by Langdon that he left
with Miss Waite and Henszey GER
tain notes of the Langdon-Henszey Coal
Mining Company in favor of himself and
endorsed by him in blank, aggregating
$10,94510, and representing money adj
vanced by him to enable the company to
bridge over" tight places. He sets forth
that on March 81, 1896, Samuel A. Hens
zey made an affidavit before w. S. Gun
ter, Justice of the Peace, stating that the
Iangdon-H enszey Mining Company was
indebted to y. J. Myers" in the sum
of S10945.10 on certain notes which
he attaches to his affidavit; that upon
this affidavit judgment by confession
was entered by the clerk of the Superior
court of Chatham county in favor of
u. J. Myers"
In the transcript of this judgment fur
nished Langdon by the said clerk of
Chatham court it appears that the notes
upon which Henszey confessed judg-
ment in favor of j. j. Myers are the
identical notes which the Langdon-Hens-
zey Coal Mining Company executed in
favor of Mr.. Langdon and which he left
with Henszey and Miss Waite for
safe keeping, and having the fullest con-
fidence in them, knowing that he could
call ON them at any time for the notes.
Langdon also swears upon information
and belief that ]. j. Myers never advanc-
ed one cent of money to said company,
and that the company did not owe Myers
$10,94510 or any other sum; that he
has never heard Of j. j. Myers.
Henszey afirms that j. j. Myers
resides in Boston and that although he
has made every effort to COM
hoc
yet been able to do so, and that he
fears he must be away from home. He
also affirms that j. j. Myers made him
his agent for the purpose of confessing
Judgment upon these notes.
Langdon says further that on
April -, 1896, to his great establishment,
Miss Waite said to him that Mr.. Hens
zey was about to take judgment on these
notes or had done so, and that Lang
don was to have one-half the amount re-
covered and that she and Henszey
were to have the balance This, he all
leges was said in Mr.. Henszey's presence.
Mr. Langdon states also that he was
surprised beyond measure at this state
ment, as the notes ought not to have been
put into judgment by any Third person,
never having been bona fide negotiated,
and that Miss Waite and Henszey
were not entitled to recover any portion
of the same which might be collected
upon judgment.
Mr. Langdon also institutes action
through his attorney, Mr.. j. w. Hins-
dale, to force the Raleigh and Western
railroad to pay to the LangdonH enszey
Coal Mining Company some ten thousand
dollars, which he claims the railroad owes
it. Mr.. Langdon, in petition, alleges
that Mr.. Henszey is an officer of both
corporations and is therefore not disposed
to enforce the claims Of the mining com
pany against the railroad company.
When the company went into the
hands of a receiver, 100000 OF
bonds were issued in order that the
receiver could operate the property. These
bonds take priority over all others. Lang
don institutes an action to restrict the
issuance of $4,000 of receivers bonds
to only $4,000. He files a petition set
ting forth that he has had experience in
mining and that he knows Of his own
knowledge that said Henszey has made
misrepresentation in his petition for the