The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-10-30


| existing under and by virtue of the
laws of the Territory of New Mexico
and as such has constructed and is
now operating in the said Territory,
a ra lroad with locomotives and
rolling stock thereon and is do
ing a large and rapidly increas-
ing business of traffic in carrying pas
sengers and freight over its said line
of railroad, that the said railroad, in
cluding its franchises, rights-of-way,
locomotives, rolling stock and busi-
ness, is of great value and daily in
creasing in value.
Second. That this defendant during
all the times herein mentioned and
up to the time of the sale hereinaft
er referred to, was a stockholder in
the said Santa Fe Central Railway
Company and largely interested in
its stock and business.
Third. That T. Lee Clark, during
all the times herein mentioned and
up to the time of his death, which
occurred on October IS, 1905, was al
so a large stockholder in the said
Railway Company and also the treas
urer thereof, and was fully acquaint-
ed with all its property, franchises,
business and affairs and with the
value thereof, botn present and pros
pective
Fourth. That the said T. Lee Clark,
during all the times herein mention
ed and up to the time of his death on
the date stated, was cashier and di-
rector of the Enterprise National
Bank, of Allegheny Pa. the corpor-
alton of which the said plaintiff
John B. Cunningham, is receiver. and
as such was fully acquainted with all
its business and affairs and in active
charge and management thereof.
Fifth That in the month of Aug
ust, 1905. THE SAID T. LEE CLARK
APPLIED TO THIS DEFENDANT
AND SOLICITED HIM TO SELL
ALL OF HIS INTEREST IN THE
SAID RAILROAD AND IN AND TO
THE STOCK THEREOF AND IN
AND TO ALL IT'S FRANCHISES,
RIGHTS AND PROPERTY TO THE
SAID T. LEE CLARK, WHO THEN
AND THERE OFFERED THIS De
PENDANT THEREFOR THE SUM
OF ONE HUNDRED AND FIFTY
THOUSAND DOLLARS AND OFFER
ED TO PAY THE SAME BY. AMONG
OTHER THINGS. CANCELLING
AND DISCHARGING TWO GER
TAIN PROMISSORY NOTES HERE
AFTER IN THIS PARAGRAPH RE
FERRED TO AND DESCRIBED.
| THIS DEFENDANT AT THE TIME
| OF SAID APPLICATION ACCEPTED
THE OFFER OF THE SAID T LEE
| CLARK AND DID THEN AND
! THERE SELL UNTO THE SAID
| CLARK ALL HIS INTEREST IN
AND TO THE SAID RAILROAD IT'S
| STOCK AND THE RIGHTS, FRAN
CHISES AND PROPERTY THERE
OF FOR THE SUM OF ONE HUN
DRIED AND FIFTY THOUSAND
| DOLLARS, AND DID APPLY THE
PURCHASE PRICE THEREFOR UP
ON INTER ALA THE SAID TWO,
| NOTES, FULLY PAYING, Salts
FLYING, SETTLING AND DISCHARG
ING THE SAME, and the said Clark
did then and there, as a part pay
ment of the said purchase price, can
eel and discharge the said notes and
release and discharge this defendant
from all obligations or liabilities
hereunder and from his promises
and agreements to pay, there con-
tanned.
The two said notes above referred
to are described as follows: One note
signed and given by this defendant to
the said Clark for seventy-seyen
thousand four hundred and twenty
two dollars and thirty cents, and dat
ed at Pittsburg, Pa, on January 1,
1904, and payable one year after date
to the order of the said Clark at the
Lincoln National Bank, Pittsburg.
Pa, and which note is one Of those
sued upon by the plaintiff herein and
a true copy of which is marked "Ex-
hibit A" and is attached to and made
a part of plaintiffs declaration here
in. The other note is for ten thous-
and two hundred and sfxty-fve dol
lars and eighty-seven cents, dated
at Pittsburg, Pa, on October /. 1904,
and payable six months after date
TO the order of the said Clark at the
said Enterprise National Bank. and
is one of the notes sued upon by the
plaintiff herein and a true copy of
which is marked Exhibit B" and is