The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-17
RyAN's PETITION REFUSED.
corRT SAYS HE CANNOT HAVE
~ THE sEABOARD STOCK.

..,rrer TO the Petition Sustained.
,,,r.. Alleged Contract Was Too
.rtoin-Hc Will Enter an APP
1.-The williams Syndicate Al
o,t sure to Get the stOck-NO
neetion with the f. c. & +.
contemplated.
-,.,.,rore. Jan. 16.-Judges Wyckes and
-fh,i5ae in the Circuit Court, to-day,
5'.,ds5 against Mr.. Thomas F. Ryan, in
.,,,t IA enforce an alleged contract of
.,,e ro him of between 5000 and 1900
eh.rss of seaboard and Roanoke Railroad
s,o,E at $l2j a share.
The court ordered that the demurrer to
49,. hin Of complaint be sustained, the in
,1,.,,ioo heretofore granted be dissolved,
.na the complaint be dismissed, with
.o.ts TO the plaintiff. Following is the
f,l fevt of the opinion of the court:
1.-THE court is of the opinion that the
,.r,,rrer % the bill of complaint filed in
tbis case should be sustained and the bill
dismissed.
,,rirst-Because the alleged contract is
g, uncertain and indefinite in its terms
as to he open to various constructions, and
therefore cannot be enforced on account
of .ority. A doubtful contract can never
4 h. 50 enforced; to doubt is to resolve
4 against it.
"second-Because it is obvious from the
bin and exhibits in this case that the de-
4 PENDANTS. McLane and others, committee,
were acting in that capacity by virtue of
4 the pooling arrangements set out in ex-
hibit B. and referred to in the bill, and
that their powers were limited by its
terms which must have been known to
A the plaintiff at the time the alleged con-
A tract was signed; that knowing as he did
Y that the pooling agreement bound 4 the
a parties to it not to sell unless with the
consent of three-fourths of the entire num-
ber Of shares of stock so pooled, and it
being ayerred in the bill that said stock
was not re-deposited under the provisions
Of the contract of Oct. g. 1885, it would be
inequitabe and unjust to compel the de-
fendant MeLane and those associated
with him, even if the court has jurisdic-
ton Of his said associates, to transfer any
of said stock or deliver any of the said
certificates representing the same to the
81 plaintiff
Entertaining these views, the court
deems it unnecessary to decide the re-
naming questions, relating to jurisdic-
ton, aches and the legality vel non, of
81 the contract presented in the argument
Tor its consideration"
Case viii Be Appealed.
NJ Mr. Bernard Carter, as counsel for MIR.
N Ryan announced that an appeal would be
b taken.
# The syndicate, headed by Mr.. John Skel-
NJ 'on Williams of Richmond, Va, president
o. The Georgia and Alabama Railroad
company offered $500 a share for the $500
SnaLeS pooled with Messrs. Louis McLane
Of Baltimore and Leigh r. Watts of Ports
81 mouth, Va. The proposition was made to
PRESIDENT Hoffman of the Seaboard Air
Line who recommended its acceptance,
ana lhe owners of practically all the
snaIes pooled accepted the offer.
# II is understood that the deal win be
Ooseu Immediately. Mr.. Williams was seen
dlIer the decision was handed down, but
esAeu TO be excused from making a state
HI ment
Mr. Williams said, in reference to the
iisul OIL the Seaboard to use the track of
~o richmond, fredericksburg and Po-
eolldc' mat it was without foundation as
laI as ne knew and no negotiations with
ig.eIe9ce l 10 the use of the latters tracks
n1 hlchmond had ever been under
na,a". rons" tie said the Seaboard is a COM
Pe" system as it stands at present. from
V'loH and Portsmouth to Atlanta. and
should ever be that the extension
= ttoin u II. RdseWay to Petersburg is completed.
@y,y sagud add value to the system.
we nave no plans on foot for the ex-
sl5on ,1 OF the line to Washington" he
"here reports say connections are
r. ~ made with the Baltimore and Ohio.
rb.. oy9Ooad system does not make a
rnssca rs connection with the Florida
renll, MA and Peninsular Railroad ana no
n n'5Uaallons S,all for traffic arrangement are