The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-01-10

dated just FIVE months after Langdon in
stitused his suit.
The history of what Langdon, in his
petition, calls the Myers notes and judg-
| ment is given by Henszey in his answer
as follows:
During Langdon's connection with the
angdon-Henszey Coal Mining Compa-
ny, The, from time to time did advance to
| the: company certain sums OF money
| taking notes for the same. These notes
We're executed and delivered to Langdon,
together with So, 500 of first consolidat-
edmortgage bonds Of the company as col
lateral security. These notes, endorsed
by Langdon, were given by him as pres
ent to Miss Waite, and at the same time
the S22500 security bonds were handed
to her. After this it was found that the
notes were not in proper form and others
we're issued in place Of them and given to
Hiss Waite. The new notes bore the
same dates as the original ones and are
now on file in the office of the clerk of the
court Of Chatham county. Miss Waite
Ilater, desiring to have the notes reduced
Eto Judgment, transferred them to one j,
I j. Myers, who took Judgment on them
and then transferred the judgment back
to Miss Waite The collateral bonds are
/ now in the possession OF Miss Waite.
| Henszey denies that he ever had any
/ interest in these notes, or that Miss
| Waite ever agreed to give him one-half
OF the proceeds Of the judgment which
she obtained on them.
The history Of the 100000 Of the
capital stock OF the Langdon-Henszey
| Coal Mining Company, which Langdon
| alleges was illegally and wrongfully ana
without valuable consideration issued to
Miss Waite by Henszey, is given in this
answer OF Henszey's ms follows:
| Under the agreement between the or
/ ganizers OF the Langdon- TIenszey Coal
| Mining Company, Langdon was TO have
| 100000 worth OF capital stock, to-wit,
| 1900 shares. which was transferred to
him on the 18th day of May, 1895; that
on December 81. 1894. Langdon conveyed
| 10 Miss Waite by deed Of bargain and
SALE duly executed under his hand and
seal the identical 100000 OF stock.
which was transfrred to him on the 18Th
| day OF May. 1895; that on the md day
| Of September. 1896. as above stated,
Miss Waite returned to Langdon $500
600 Of this capital stock, and gave the re-
ceipt above set forth. This still left Miss
Waite the owner Of 100000 of capital
/ stock, which is now claimed by Lang
don.
The bin of sale by which Miss Waite
acquired this property, which is duly exc
euted. sealed and delivered in the pres
ence Of j. w Mills and Samuel A. Hens
| zey. witnesses, is as follows:
| Know all men by these presents, that
| /, Samuel p. Langdon, for one dollar to
| ME in hand paid, the receipt OF which is
| hereby acknowledged, have bargained,
| sold, assigned and transferred and by
/ these presents do bargain, sell, assign and
| transfer to Katherine X. Waite, of Egypt
| depot. Chatham county, N. c.. $4,000
| shares OF the capital stock OF the Lang
| dom enszey Coal Mining Company, at
par value Of 100000, said stock being
due to me from the Egypt Coal Company.
| in Chatham county, n c., and / hereby
| authorize, order and direct said Egypt
Coal Company to transfer, assign and
set over all Of said stock, and for that
| purpose to make and execute oil neces-
sary acts Of assignment and transfer to
said Katherine X. Waite for all OF said
/ stock, instead OF to me, as was originally
| contemplated when my offer was made
and accepted by the said Egypt Coal
| Company In witness whereof | have
hereunto set my hand and seal this, the
31st day OF December, 1894.
/ (Signed)
IS. P. LANGDON.'
In reply TO the charges OF incompetence
| preferred against him by Langdon, Mr..
| HensZey refers TO the fact that during
the entire time that Langdon was presi-
| dent Of the mine he was retained as
| yieepresident at salary OF $500 pei
| month; that Langdon procured his ap-
| pointment as vice-president of the Al
toona and Philipsburg Connecting Rail
road, of which Langdon was president
and that in this capacity he was paid
| $50 a month, his sole duties being to
.5vise Lan@'on in the%spnduct Of the
read.
AS TO his making a failure in the man
| agement Of the mine as shown by the
first quarters accounts, filed in this
| cause, Henszey says the report includes
i the payment Of expenses prior to his APP
Il pointment as receiver; that the mine il
now in much better condition than wher
| he took charge OF it, and that he has
reduced expenses from over $1,000 a
month to $500 per month.
That in regard to the issue OF the frs
T=consolidated mortgage bonds of the
Langdon- Henszey Coal Mining Company
the bonds were issued upon the direction
Of the Board of Directors of the com
| pany and their action at once made a
matter of record in the minutes OF the
company; that there were issued S35000(
OF these bonds, which were issued to the