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

A8SCF LAA1AAS ~
statement of claim. it appears that
fifty t5o) bonds of the Santa Fe Cen
trail Railway Company accompanied
said note as collateral. Said bonds
We're of the par value of ST. O each.
It also appears from the copy of the
note for $500. dated said day, at
tached to the statement of claim,
that fifteen G5) bonds of the New
Mexico Fuel and Iron Company. of
the par value of $1,000 each. accom-
panied said note as collateral. At the
date of those notes said bonds were
in the custody of said Clark, as treas
urer and belonged to the defendant
company and not the said Clark.
Said bonds were never delivered to
said bank for collateral for said not
es. respectively. nor has said bank
ever had any interest in or title there
of, and if said bank has possession
thereof now. the same is wrongful
and without authority and without
consideration. Said bonds, if in said
bank building. were in possession of
said Clark at the time of MS death,
n not in the possession of said
bank. nor were they a part of the as
sets, but all of said bonds belonged
TO said Development Company and
should be returned to said Company.
This affidavit, so far as made up
on atlantis own knowledge, is true,
and so far as made upon information
received. he verify believes it to be
true.
FRANCIS J. TORRANCE.
Sworn to and subscribed before
me this nineteenth day of October.
1906.
LAURA E. HUBBARD,
Notary Public
My Commission Expires April 5,
1907,
IN THE CIRCUIT COURT OF THE
UNITED STATES FOR THE IVES
TERN DISTRICT OF PENNsYL-
WANNA.
Thomas Rinaker, Receiver
of the Enterprise National
Bank. Allegheny a corpora
ton or association orgaui-
zed under The laws of the
United States,
VS.. No. A. November Term, 1906
Francis J. Torrance.
AFFIDAVIT OF DEFENSE.
United States. Western District of
Pennsylvania.-SS.
On this 18th day of October.
1906. before me a Notary Public,in
and for said county of Allegheny and
said State of Pennsylvania, person
ally came Francis J. Torrance, who,
being duly sworn, according to law,
says he has a just, full and legal
defense to the whole of the plaintiffs
alleged claim sued on; which defense
is as follows;
/. The averments contained in para
graph one of the said statement of
claim, relating to the organization of
the Enterprise National Bank and the
appointment of a receiver thereof are
matters of which the af1ant has no
specific knowledge, but the same are
not denied.
: 2. The existence of the Pennsylva-
r MIA Development Company, as aver
i1d Ii pa doI dpIl ~ VI did obdLI-
| ment of claim, is admitted. It is also
admitted that this affiant, Arthur
Kennedy, William H. Andrews and
T. Lee Clark were stockholders Of
said Who the other stock
holders were this af1ant Ices not
~recollect and has not the information
at hand at the present time to state,
but is advised that the same is not
: material.
The allegations contained in said
paragra phi two that the above named
been promoters of a scheme is den
led. The relationship of this afiant
and the other persons to the defen-
dant company were that of stockhol-
ders and officers thereof. and none
other.
The said corporation was organiz-
ed for a legitimate business and did
acquire a1uabIe property in the Ter
: ritory of New Mexico. It has CON
structed and equipped yer 120 miles
: of steam railroad connecting up three
great railroad systems of the west,
and is engaged in improving and de-
yelOpfng coal and timber lands and
extending said railroad system into
the city of Albuquerque. In the
{ n~eighbornood Of 100000 has been
expended in these properties. and the