The morning news., 1897-03-18
BROUGHT ANOTHER BILL.
EatOntOn BondhOIders Now After the
Central Committee.

Mr.. Charles N. West, representing L. j.
Guilmartin and others, bondholders of
the Eatonton Branch railroad. filed an
important amendment to his suit against
the Middle Georgia and Atlantic Railroad
Company in the superior court yesterday.
This amendment makes Messrs Herman
Myers, l. G. Haas and Edward Karow par
ties dependant to the bill on the ground
that they are leading members of the Cen
tral committee of the Middle Georgia and
Atlantic Railroad Company, which acted
for the company.
These gentlemen, it is GAINED. repre-
sented the Central committee in entering
into the agreement with the Central rail-
road for the sale of the Middle Georgia
and Atlantic property. This Central com
mlttee agreed to turn over all the stock
and all the bonds of the Middle Georgia
and Atlantic Railroad Company. and it
claimed all the bonds to be delivered by
the Central railroad as purchase money,
that is $685., 600 par value. The gentlemen
mentioned in the petition acted as agents.
1t Is stated, for the Central committee, and
II is asked therefore that they be made
parties defendant to the litigation.
1t is alleged that this Central committee
away OWAGu an the STOCKS ana ponds of
the Middle Georgia and Atlantic Railroad
Company, that it was in charge of the
whole thing, that it bought the Eatonton
Branch railroad for the Middle Georgia
and Atlantic, that it acted for the Middle
Georgia and Atlantic, and finally that there
was practically no difference between this
Central committee and the Middle Geor-
gia and Atlantic Railroad Company, but
that the Middle Georgia and Atlantic Rail-
road ('OmnanW q MAJ ,-VI,
which the Central committee carried on
business. 1t was this Central committee,
II is stated, which made the guaranty for
the Middle Georgia and Atlantic railroad
on the Sl6S,C0O Eatonton bonds
In other words, the Central committee
was the Middle Georgia and Atlantic Rail-
road Company, and vice versa The bill
claims, therefore that the Middle Georgia
and Atlantic Company practically still ex-
lists in the person of the Central commit
tee. which is to receive all of the Centrars
bonds to be paid as purchase money. On
these grounds it claims the Central COM
mittee is still responsible for the guaran-
ty on the Eatonton bonds, and that the
purchase money bonds should be held in
trust therefore to secure the guaranty.
The petition then goes ahead on the
grounds stated and asks for a receiver for
the $325,00O purchase money bonds to be
paid to the Central committee by the Cen
trail of Georgia Railway Company, as the
guaranty on the Eatonton bonds is now
entirely unprotected. Judge Falligant
signed the order directing that the three
gentlemen named show cause before him
on Saturday, March 20, why the petition
should not be granted, and why a receiver
should not be appointed to take charge of
the purchase money bonds.
This amendment will undoubtedly COM
plicate the litigation to no little extent.
Judge Falligant has heard all the argu-
ment on all the former suit and now has
1t under consideration. 1t is proba BILE
that this new factor in the case will delay
the courts decision somewhat as it will
require another hearing, and it will un-
doubtedly be found necessary to go some
deeper into the situation before the case
is through with, and finds its way to the
supreme court.