United States Circuit Court.
? . - •
* ■
DISTRICT OF NEW HAMPSHIRE!.
THE MERCANTILE TRUST COMPANY,
vs.
THE PORTLAND & OGDENSBURG R. R. CO. Et Als.
IN EQUITY.
To the Hon. Judges of the United States Circuit Court:—
Nathan Webb, Weston F. Milliken and Horatio N. Jose,
all being parties to the above cause and trustees under the
mortgage from the Portland & Ogdensburg Railroad Com¬
pany dated November 1st, a.d. 1871, respectfully represent
unto your Honors as follows:—
That there exist upon the freight grounds^ office grounds
and shop grounds of the Portland & Ogdensburg Rail¬
road Company, all situated in Portland and Deering in
the State of Maine, and all being part of the terminal facili¬
ties of the railroad of said corporation, and all in the pos¬
session of the Receiver, certain mortgages having priority
over all mortgages given to secure bonds of said corporation,
the principal sum of which said underlying mortgages is
thirteen thousand eight hundred (18,800) dollars; that the
Receiver is now authorized to pay the interest coming due
2
upon the debts secured by said mortgages, but is not author¬
ized to pay an}r part of the principal thereof; that parts of
said principal are overdue and other parts are coming due,
and it may become necessary to pay part or the whole of
said debts, in order to avoid foreclosure of said mortgages,
expenses of litigation and other expenses which might
arise from an attempt to enforce the collection of said prin¬
cipal sum or any part thereof; that for the purpose of obtain¬
ing funds for the construction of that portion of the railway
of said corporation, extending from Scott's Mills to the east¬
ern line of the state of Vermont, said corporation borrowed
upon its notes the money necessary therefor, and secured
said notes by a pledge of its bonds covered by the mortgage
of November 1, a.d. 1871, to the amount of one hundred
eight thousand (108,000) dollars, and further pledged for
the payment of said notes the net earnings coming to said
corporation by virtue of said extension ; that the balance of
said notes remaining unpaid, is twenty-six thousand seven
hundred ninety-seven dollars and two cents ('$26,797.02),
tvith interest from the 10th day of June in the year of our
Lord eighteen hundred and eighty-four; that the bonds se¬
curing said notes are of much greater value than the amount
of said notes and interest; and that it would be to the detri¬
ment of the corporation and of the holders of other bonds
secured by said mortgage of November 1, a.d. 1871, to per¬
mit the sale of the bonds so pledged, or of any part there¬
of, or to permit proceedings in any way for the purpose of
realizing the security aforesaid.
And petitioners further represent, that the Receiver to the
first day of January in the year of our Lord eighteen hun¬
dred eighty-five, has received from sundry accounts which
were due the Portland & Ogdensburg Railroad Company at
3
the time when said Receiver took possession, the sum of
twenty-three thousand three hundred seven dollars and
thirty-five cents ($23,307.35) ; and from the net earnings of
said railroad ninety-three thousand six hundred ninety-nine
dollars and four cents ($93,699.04), making the total receipts
from said net earnings and from said accounts, one hundred
seventeen thousand six dollars and thirty-nine cents ($117,-
006.39) ; that said Receiver has paid for traffic balances and
pay-rolls due from said Portland & Ogdensburg Railroad
Company, twenty thousand five hundred three dollars and
eighty-five cents ($20,503.85), leaving net receipts of ninety-
six thousand five hundred two dollars and fifty-four cents
($96,502.54), which sum was equitably and justly ap¬
plicable to the payment, first, of the current liabilities for
supplies and labor existing at the time when said Receiver
took possession, and second, of the coupons secured by
the prior mortgage dated November 1, a.d. 1870; that
the whole amount of such current liabilities for supplies
and labor is approximately thirty-nine thousand (39,000)
dollars; that the whole amount of coupons past due se¬
cured by said first mortgage, including scrip represent,
ing said past due coupons, is eighty-one thousand five
dollars and seventy cents ($81,005.70) and interest thereon ;
that the net earnings and balances due the Portland
& Ogdensburg Railroad Company, which have come as
aforesaid into the hands of the Receiver, less the deduc¬
tions made as aforesaid, with what net earnings have come
into the hands of the Receiver since said first day of Jan¬
uary, were nearly sufficient, if not applied to other purposes,
to have paid all said current liabilities, past due coupons,
scrip for said past due coupons and interest thereon; that
said current liabilities are of the class of liabilities which,
according to the practice of the Equity courts in cases like
4
the present, are paid from the net earnings coming into the
hands of the Receiver; that said current liabilities in this
case ought equitably and justly be paid from such net earn¬
ings ; that your petitioners apprehend, unless the coupons in
arrears and scrip representing coupons in arrears, secured by
said mortgage of November 1, a.d. 1870, are soon paid, and
unless other coupons hereafter coming due, secured by the
same mortgage, are paid soon after they respectively come
due, the holders of said coupons and of the bonds to which
they were or are attached, will proceed to foreclose the mort¬
gage securing the same; that it is essential for the interests
of the holders of the bonds secured by the mortgage to peti¬
tioners, that such foreclosure should not be permitted, and
important that it should not be attempted ; and that it is for
the interest of said holders of said bonds secured by the
mortgage to complainants, that said current liabilities and
said coupons in arrears and coupons hereafter coming due, se¬
cured by the mortgage aforesaid dated November 1, a.d.
1870, should not be allowed to accumulate, but should be
paid as fast as the same can well be paid, with due regard to
the safe and economical operation of the railroad involved in
this proceeding and to the payment of liabilities incurred,
and which may be incurred by the Receiver and interest
thereon.
And your petitioners further show unto your Honors, that
in pursuance of the decrees heretofore entered in this cause,
and in accordance with the necessities of the railroad of the
defendant corporation, and in order to make the same safe
and the operation thereof economical, the Receiver has ap¬
plied large portions of said net earnings and of said sums
collected from accounts due said Portland & Ogdensburg
Railroad Company, to the amount in all of about forty-six
5
thousand (-16,000) dollars, to the permanent improvement of
said railroad ; and that said Portland & Ogdensburg Pail-
road Company, during the year previous to the appointment
of said Receiver, expended upon the permanent improvement
of said railroad the sum of about forty-three thousand one
hundred twenty dollars and fifty-one cents ($43,120.51) ;
which said sums of forty-six thousand (46,000) dollars and
forty-three thousand one hundred twenty dollars and fifty-
one cents ($43,120.51) have been honestly and prudently ex¬
pended upon said improvements, so that the security of all
the holders of bonds covered by the several mortgages given
by said Portland & Ogdensburg Railroad Company, has been
enhanced by the amount of said expenditures; but that said
sums so expended by said Receiver and by said Portland &
Ogdensburg Railroad Company for the improvement of said
railroad, have been diverted to such improvements from the
payment of coupons secured by said mortgage of November
1st, a.d. 1870, and of current liabilities existing at the time
when said Receiver was appointed, incurred for labor,
supplies and materials in and about the management of
said railroad, which ought equitably to have been paid from
said sums of forty-six thousand (46,000) dollars and forty-
three thousand one hundred twenty dollars and fifty-one cents
($43,120.51).
And your petitioners further represent that of the issue of
two hundred thousand (200,000) dollars of Receiver's certifi¬
cates authorized by this Court to be sold, certificates to the
amount of one hundred ninety thousand (190,000) dollars
have been sold and no more; that the Receiver will require
the remaining ten thousand (10,000) dollars of said certifi¬
cates and the proceeds thereof, for the purposes authorized
in the previous orders of this court; but that the sale of
6
fifty thousand (50,000) dollars of similar certificates, in ad¬
dition to said two hundred thousand (200,000) dollars of
Receiver's certificates already authorized, ought to be autho¬
rized and the proceeds thereof applied to make good and re¬
place, so far as the same will go, the balance of the net earn¬
ings and collections from accounts due said Portland & Qg-
densburg Railroad Company, which have been paid as afore¬
said by said compan}^ and by said Receiver for the permanent
improvement of said railroad.
And for the reasons aforesaid petitioners represent to your
Honors, that it is just and equitable and for the interest of
all the parties to this cause, including especially petitioners
and the holders of the bonds secured by the mortgage to your
petitioners, that the Receiver should be authorized to provide
from the net earnings and from the sale of said fifty thousand
(50,000) dollars of certificates for the payment of all the va¬
rious matters hereinbefore set out, including portions of the
principal of notes secured by underlying mortgages, the interest
and portions of the principal of said notes given for the pur¬
pose of constructing said extension from Scott's Mills to the
east line of the State of Vermont, current liabilities, coupons
past due, scrip representing coupons past due and coupons
hereafter coming due, secured by said mortgage of Novem¬
ber 1st, a.d. 18T0, and interest on all the same.
And your petitioners further represent that on the 27th
day of March, a.d. 1885, said petitioners filed in the case of
Weston F. Milliken et al. v. the Portland & Ogdensburg
Railroad Company et als., pending in the Supreme Judicial
Court for the county of Cumberland, State of Maine, their
petition, setting out to said court the matters aforesaid and
praying for the order hereinafter set out; that the parties in
7
said cause were your petitioners, and also Philip Henry Brown
and Thomas H. Haskell, who with said Webb are the sole trus¬
tees under the mortgage dated November 1st, a.d. 1870, and
were made parties to said cause as such trustees, Philip
Henry Brown and Luke P. Poland, who are the sole surviving
trustees under the mortgage dated January 1st, a.d. 1875,
and who were made parties as such trustees, Daniel Roberts
of Burlington in the State of Vermont, who was and still is
the owner of bonds to the principal amount of fifteen thou¬
sand (15,000) dollars and coupons attached thereto, secured
by said mortgage dated January 1st, a.d. 1875, the Union
Mutual Life Insurance Company, which was and still is the
owner of thirty-five thousand five hundred (35,500) dollars
of bonds and of the coupons attached thereto, secured by the
mortgage of November 1st, a.d. 1870, the First National
Bank of Portland, which was and still is the owner of coupons
and scrip to the amount of over twenty-four thousand (24,-
000) dollars, secured by said mortgage of November 1st, a.d.
1870 ; and the City of Portland, which was and still is owner
of bonds to the amount of thirteen hundred fifty thousand
(1,350,000) dollars and of the coupons attached thereto,
secured by the mortgage of November 1st, a.d. 1871, was
made party to said cause, so far as concerned said petition ;
that notice upon said petition was ordered and given to all
said parties, including said City of Portland, returnable on
the first Tuesday of April, a.d. 1885; that on said first
Tuesday of April, a.d. 1885, all said parties except said
Daniel Roberts, Thomas H. Haskell, Philip Henry Brown
and Luke P. Poland, appeared and were heard upon the sub¬
ject matter of said petition ; that at said hearing none of
the parties who appeared as aforesaid, objected to the enter¬
ing of the order hereinafter set out; that the Maine Savings
Bank was and still is the owner of all the certificates, to wit:
8
one hundred ninety thousand (190,000) dollars of certifi¬
cates, already issued by said Receiver, and consented to said
order; and that, thereupon, said court, upon full considera¬
tion of the matter, entered an order authorizing the Receiver
to issue and sell the additional fifty thousand (50,000) dollars
of certificates as aforesaid, and to pay said current liabili¬
ties, coupons and .other matters, which order was duly
passed and signed by Hon. C. W. Walton, justice of said
court, and filed in said cause on the day of , A.D.
1885, and a duly certified copy of which order is attached
hereto.
And your petitioners further represent unto your Honors
that said order, and all matters therein authorized to be done,
were equitable and just, and for the interests of all parties
concerned in the said railroad or its appurtenances.
Wherefore your petitioners pray your Honors to concur in
or approve said order, or make the same the order of this
Court.
And as in duty bound will ever pray.
Solicitor.
United States Circuit Court.
NEW HAMPSHIRE! DISTRICT.
MAY TERM, 1885.
THE MERCANTILE TRUST COMPANY,
vs.
THE PORTLAND & OGDENSBURG R. R. CO. Et Als.
IN EQUITY.
Weston F. Milliken, Nathan Webb and Horatio N. Jose,
parties to this cause and trustees under the mortgage dated
November 1st, a.d. 1871, said Jose having been made a party
defendant, as successor in said trust of Samuel E. Spring,
filed their petition 011 the 15th day of April, a.d. 1885, pray¬
ing for the matters herein ordered, notice upon which peti¬
tion was duly ordered and served upon all the other parties
to this cause.
And thereupon, after hearing the parties and their proofs,
it is ordered, adjudged aiul'decreed bv the Court:
10
First. That the decree tiled herein on the 21st day of
«/
April, 1881, confirming the appointment of Samnel J. Ander¬
son, Receiver, be amended in that part thereof which relates
to the pay-rolls and salaries authorized to be paid by the
Receiver, by striking out the words "schedule B," and the
words " current liabilities," and inserting in lieu thereof, the
words " schedule A," and the words " pay-roll, traffic balances
and incidental mortgage notes and liens."
Second. That whereas it appears that the Receiver has
not yet disposed of all the two hundred thousand (200,000)
dollars of certificates, the sale of which has been heretofore
authorized,
It is further ordered, adjudged and decreed that the pro¬
ceeds of the balance of said two hundred thousand (200,000)
dollars of certificates when sold, shall be applied as hereto¬
fore ordered.
And whereas it appears that the Portland & Ogdensburg
Railroad Company and said Receiver have applied to the im¬
provement of the railroad and its appurtenances, large amounts
of the net earnings which ought equitably to have been ap¬
plied to or been retained for the payment of current labor
and supply bills, and coupons secured by the mortgage dated
November 1st, A.i). 1870, and which said amounts are consid¬
erably in excess of fifty thousand (50,000) dollars;
#
It is further ordered, adjudged and decreed b}^ the Court
that the Receiver sell at not less than par fifty thousand
(50,000) dollars of ccrtilicates, being the balance of the two
hundred and fifty thousand (250,000) dollars Receiver's
11
certificates referred to in said order filed April 21st, a.d.
1884; and apply the net proceeds thereof as hereinafter set
out.
And it is further ordered, adjudged and decreed by the
Court, that the Receiver apply the whole of the net proceeds
of said fifty thousand (50,000) dollars of Receiver's certif¬
icates, and also so much of the net earnings which have
come or will come into his hands, as in his judgment he does
not need and probably will not need for other authorized
expenditures, to payment of the following liabilities in the
order hereinafter named, to wit:
First. To the payment of the current liabilities for labor
and supplies, and those relating to the management and nec¬
essary improvement of the railroad existing at the time the
Receiver was appointed, which liabilities are shown upon the
copy of schedule hereto attached and made a part of this de¬
cree, marked '* schedule of current liabilities," and signed as
approved May 2d, a.d. 1885, by W. L. Putnam, B. D. Ver-
rill, J. H. Drummond, J. W. Symonds and C. F. Libby, solic¬
itors, so far only as the Receiver shall determine that they
are justly owing.
Second. To the payment of coupons secured by the mort¬
gage dated the first day of November, a.d. 1870, and scrip
issued as representing such coupons, with interest on said
coupons and scrip, in the order in which the same have here¬
tofore, or may hereafter come due; provided however, that
the coupons which fell due the first day of July, a.d. 1884,
and interest thereon shall be entitled to priority in time of
payment over all other coupons and scrip, and interest
thereon.
12
Third. To the payment of the whole or part of the prin¬
cipal of any mortgage note described in schedule "A," en¬
titled "pay-roll, traffic balances and incidental mortgage
notes and liens," referred to in said order filed April 21st,
A.D. 1884, the whole principal of which mortgage notes is
thirteen thousand eight hundred (13,800) dollars, and which
mortgage notes are secured upon freight grounds, shop
grounds and office grounds within the city of Portland and
town of Deering; and to the payment of anjr part of the
principal or interest of notes amounting to twenty-six thou¬
sand seven hundred ninety-seven dollars and two cents
($26,797.02), with interest from the first day of June, A.D.
1884, issued for the purpose of obtaining funds for the con¬
struction of that portion of the railway of said company
extending from Scott's Mills to the eastern line of the State
of Vermont, and secured by a pledge of bonds secured by
the mortgage of the first day of November, A.D. 1871, to the
amount of one hundred eight thousand (108,000) dollars, and
by a pledge of the net earnings coming by virtue of said ex¬
tension ; but the Receiver shall not pay any part of .the notes
of either class, unless and except so far as the Receiver shall
be of the opinion, that such payment may be necessary for
the purpose of preventing foreclosure of said mortgages or
sale of said bonds pledged as collateral as aforesaid, and that
it is for the interest of all concerned to pay the same.
Provided, further, that the Receiver shall pay no part of
the principal or interest of said notes, issued for obtaining
funds for the construction of that portion of said railway
from Scott's Mills to the eastern line of the State of Ver-
inont, unless said Receiver shall be satisfied that the amount
to be paid is not required, and will probably not be required,
13
for any other purpose to which he is authorized to apply the
same by this or any other order which has been or which
may be issued in this cause.
(Signed), Le Baron B. Colt,
U. S. Circuit Judge.
(Signed), William L. Putnam,
" Charles F. Libby,
Solicitors.
A copy. Attest:
William H. Hackett,
Clerk.
SCHEDULE OF CURRENT LIABILITIES.
Current Liabilities of Portland & Ogdensburg Railroad Company, for Supplies and Labor at Time of Appointment of Receiver.
ACCOUNTS PAYABLE.
CORRECT AMOUNT.
NAME OF CREDITOR. NATURE OF ACCOUNT. TIME OF ACCOUNT. APRIL 1ST, 1884.
George R. Kimball Carrying mails Jan., Feb., Mar., 1884 $117.00
M. E Jones Ties Aug., 1883 to Apr., 1884* 113.09
W. A. Russell Lumber December, 18S3 ' 252.06
0. P. Mattocks Wood Sept. and Oct., 1883 215.15
E. Corey A Co Iron and Steel July, 1883 to Apr.. 1884* 166.69
H. L. Davis Stationery Aug., 1883 to Apr.. 1884* 318.37
Emery, Waterliouse A Co Hardware May, 1883 to Apr., 1884* 1,075.49
Quinn A Co Repairs of Locomotive Jan.. Feb., Mar., 1884 181.45
Aug. P. Fuller A Co Oil Jan., Feb.. Mar., 1884 ..122.04
J. J. Gerrish A Co Oil, Waste, Etc May, 1883 to Apr., 1884 891.65
Portland Co Repairs on Rolling Stock May, 1883 to Apr.. 1884* 2,222.38
Rand. Avery A Co Ticket Printing Jan., Feb., Mar., 1884 84.98
Woodbury A Latham Ties February, 18S4 46.40
AVm. Mann Copy Books and Paper Jan. and Mar., 1884 57.57
Wm. M. Marks Printing Sept., 1883 to Apr., 1884 142 25
James A. Marcus A Co Oil January, 1884 165.77
E. J. Brooks A Co Car Locks and Seals January, 18S4 41.00
C H. O'Brion Coal March. 1884 41.30
Tibbetts A Hastings Wood January, 1884 21.00
Portland Publishing Co ..Advertising July, Aug. and Sept, 1883 76.93
A. A P. B. Young Ties and Posts Aug., 1883 to Apr., 1884* 49.60
E. L. Stanwood A Co Taint Jan., 1883 to Apr., 1884 130.24
Hutchins A Gordon Wood May, 1883 432.87
W. F. Phillips A Co Paint.. July, 1883 2.50
A. J. Small Advertising Feb., 1883 to July, 1883 28.00
Portland Stove Foundry Co Car Stove December, 1883 45.00
Estate of J. B. Brown Rent and Gravel April, 1884*. 917.67
Moses Bigelow & Co Varnish September, 1883 183.60
Fryeburg Water Co Water for locomotives Oct., 1883 to Apr., 1884 74.36
H. B. Cotton Wood and ties Aug., 1883 to Apr., 1884 613.32
H. M. Burt Advertising July, Aug. and Sept.. 1883 50.00
Portland Stone Ware Co Cement pipe and brick Jan., 1883 to Apr.. 1884 171.29
F. & C. B. Nash Stoves and pipe Ian., 1883 to Dec., 1883.. 37.01
Cleveland & Marston Gas fitting . Oct. and Nov., 1883 13.35
Ryan & Kelsey Rope December, 1883 18.99
•John Souther & Co Steam shovel supplies Jan. and Mar., 1881 49.75
Portland Star Match Co Ties November, 1883 31.25
Lyman Burbank Wood May, 1883 150.18
Shirley & Cousins Ties September, 1883 10.00
Westinghouse Air Brake Co Packing January, 1884 25.00
Phoenix Steel Wire Brush & Broom Co.. .Track brushes January, 1884 120.00
J. & E. R. Barbour Rubber. March, 1884 103.07
Sherburne & Co Wheels Feb. 1st, 1883 to April, 1884* 795 32
N. R. Flint Hammer handles March, 1883 7.50
S. H. & A. R. Doten Lumber Sept., 1883 to April, 1884 46.97
G. W. M. Pitman Ties Oct., Nov. and Dec., 1883 109.75
Borne Scrymser & Co Oil December. 1883 17.64
Porter & Fuller ... Advertising August, 1883..: 15.00
John Conley & Son ..Oil Dec.. 18s3 and Mar., 1S84 64.91
Pondiclierry Co Drying and pressing clothing. .March, 1883 7.00
Forest Mills Co Drying and pressing clothing. .March, 1883 16 37
Loring, Short & Co.. Stationery August, 1883 29.75
Lyman, Son & Co Tackle and fall, etc December, 1883 .44.70
Lewiston Journal Advertising Jan., 1883 and Jan., 1884 10.00
G. E. & L. P. Crockett Ties September, 1883 ..179.25
Underbill, Osborne & Co Train lamps September. 1883. 27-75
Valentine & Co Varnish Oct. and December, 1883 224.99
Alden, Lillie & Watson Waste January, 1884 84.59
Cape Elizabeth Sentinel Advertising. January. 1884 10.00
Portland Water Co Lumber November, 1883 104.31
O. M. & D. W. Nash Stoves, etc June, 1883 to Jan., 1884 216.49
♦Running account, with payments made from time to time.
Cri
CORRECT AMOUNT
NAME OF CREDITOR. NATURE OF ACCOUNT. TIME OF ACCOUNT. APRIL 1ST, 1884.
J. W. Deering Southern pine ...Feb. and Mar., 1884 $29.82
C. M. & H. T. Plummer Repairs March, 1884 4.60
Farist Steel Co Car springs February, 1884 93.20
Eames Vacuum Brake Co Diaphragms, etc March, 1884 75.00
Granular Metal Co Car bearings March, 1884 100.97
John Gulliver Labor on buildings May, 1882 to Jan., 1883* 690.08
G. Abbott & Son Ties March, 1884 20.00
Allston Car Wheel Co Car wheels February, 1884 480.00
Joshua Silsby Plank February, 1884 198.12
James S. Libby Crib work and pile driving June, 1882 to Dec., 1883* 5,000.00
Elias Hersey Repairs to roof March, 1883 1.00
S. D. Merrill & Co Plumbing Jan., 1883 to Dec., 1883 44.81
Spencer Rogers Carpenter work April and June, 1883 123.32
Marrett, Bailey & Co Station furnishings March, 1884 49.50
Gilbert Soule Lumber September, 1883 9.94
State Publishing Co Advertising Dec., 1883 and Jan., 1884 24.25
W. H. Scott Work on gutters, etc Jan., 1884 to April, 1884 158.62
Littlefield & Wilson Planing February. 1884 6.40
Rufus Deering & Co Lumber March, 1884 49.83
John Anderson Advertising exp March, 1884 18.33
J. P. Gabrielson Locks and keys Sept. 1883 to April, 1884 8.05
Portland Evening Express Advertising Ian., Feb. and March, 1884 7.00
L. C. Cummings & Co ..Lime and cement Oct. and Nov., 1883 159.50
A. E. Stevens & Co Iron and steel Dec., 1883 to April, 1884* 199.63
Eastern Argus Advertising Sept., 1883, to Jan., 1884 57.29
Noyes Mnfg. Co Gas regulator July, 1883 30.00
Hancock Inspirator Co Repairs to inspirator February, 1884 9.50
Charles M. Gore Lubrifuge November, 1883 31.25
N. M. Perkins & Co Lead pipe August, 1883 77
Loring, Short & Harmon , Stationery Feb. and March, 1884 94.35
Wason Mnfg. Co Bell cord hangers July, 1883 7-60
L. Crockett Repairs to injector February, 1884 4.30
R. Lewis & Co Spruce sheathing August, 1883 46.25
Oriental Powder Mills Powder and fuse January,1884 4.50
A. & P. B. Young Ties — September, 1883 10.50
Portland & Rochester R. R Repair bill August, 1883, 8.76
Curtis & Soule Ice Aug.. 1883 to April, 1884 14.40
O. M. & D. W. Nash Oilcans March, 1884 5.00
Milliken's Express Carting baggage July, 1882 to Sept., 1883 31.00
Eastern Argus Advertising March, 1884 8.40
Portland Publishing Co Advertising. Dec., 1883 and Jan., 1884 27.37
W. Tolman Agent's balance March, 1884 271.94
J^. E. Henry Plank May, 1883 1.73
$19,838.79
notes payable:.
DATE OF ACCOUNT FOR AMOUNT
TO WHOM GIVEN. ON ACCOUNT OF. • WHICH NOTES WERE ISSUED. OF NOTES.
Shepard & Morse Lumber Co Lumber October, 1883 $563.07
Estate of Tobias Lord Lumber, ties and wood May, July and Aug , 1883* 1.843.24
Rufus Deering & Co Lumber Dec. 1, 1883 to Mar., 1884* 1,562.35
J. Hobson A Sous Ties October, 1883 135.37
E. Corey <fc Co Steel and iron Mar., 1883 to Mar.. 1884* 1,234.17
C. B. Varney & Co Wood and ties April and June, 1883 336.80
W. M. Marks Printing Jan., 1883 to Aug., 1883* 140.32
A. & P. B. Young Lumber and ties Sept., 1882 to Aug., 1883* 977.00
George H. Morey Wood, ties and logs Sept., Oct. and Nov., 1883 1,099 99
C. W. Smith Plank November, 1883 359.94
Coolbroth & Tucker Wood May, 1883 264.12
J. B. Fickett & Co Paint and oil Sept. to Dec., 1883 243.58
Portland' Co Repairs on rolling stock. April to Nov., 1883 4,751.91
C. & C. H. Tibbetts Wood February, 1883 799.81
Quinn & Co Repairs on rolling stock May to Dec., 1883* 436.30
Aug. P. Fuller & Co Oil Aug. to Dec., 1883 900.21
♦Running account, with payments made from time to time.
TO WHOM GIVEN.
ON ACCOUNT OF.
DATE OF ACCOUNT FOR,
WHICH NOTES WERE ISSUED.
AMOUNT
OF NOTES.
C. M. & H. T. Plummer Repairs July, 1883 to Jan., 1884 $338.48
W. H. Scott Repairs ...July, 1883 to Jan., 1884 325.72
T. Lord.jr Wood April, 1883 420.80
Eastern Dredging Co Dredging Fore River June, 1883 702.60
Simeon E. Eaton Ties November, 1883 74.50
Approved May 2, 1885.
(Signed)
■Running account, with payments made from time to time.
VV. L. Putnam,
B. D. Vereill,
J. H. Drum mono,
Joseph W. Symonds,
Charles F. Libby,
$17,510.28
Solicitors.
[indorsed.]
Weston F. Milliken, et al. vs. The Portland & Ogdensburg Railroad Co., et als. Schedule
of Current Liabilities, attached to decree of May 8th, a.d. 1885, for payment of floating
debt, coupons, etc.
Filed May 8th, 1885.
Signed, A. A. Dennett, Clerk.
I hereby certify that the foregoing is a true copy.
In witness whereof I have hereunto subscribed my name, and affixed the Seal of
the said Court this twelfth day of May, a.d. 1885.
(Signed), William H. Hackett,
seal. Clerk of the Court.
19
[indorsed.]
U. S. Circuit Court, New Hampshire District.
The Mercantile Trust Company,
vs.
Portland & Ogdensburg R. R. Co. Et Als.
In Equity.
Interlocutory Order for Payment of Coupons, &c.
Filed, May 12, 1885.
William H. Hackett,
Clerk of Circuit Court, U. $., District of New Hampshire.
A copy. Attest:
(Signed), William H. Hackett,
Clerk of Circuit Court.
20
Circuit Court of the United States.
DISTRICT OF NEW HAMPSHIRE.
MAY TERM A.D. 1885.
MERCANTILE TRUST COMPANY,
vs.
THE PORTLAND & OGDENSBURG R. R. CO., Et Als.
This cause coming on to be heard at this term of court,
it appeared to the court that all the respondents had
answered, pleaded or demurred and been fully heard, except
Philip Henry Brown and Luke P. Poland; it also appeared
that neither said Philip Henry Brown nor Luke P. Poland
were inhabitants or found within the district of New Hamp¬
shire or had voluntarily appeared herein, but that said
Philip Henry Brown and Luke P. Poland each had been
duly ordered to plead, answer or demur to this bill on or
before the twenty-fifth day of June in the year of our Lord
eighteen hundred and eighty-four, and that notice of said
order was duly served upon said Philip Henry Brown and
Luke P. Poland more than fourteen days before said twenty-
fifth day of June, and thereupon said bill upon motion
therefor, entered on the day of , in the
year of our Lord eighteen hundred and eighty-five, was on
the tenth day of March in said year last named, duly taken
pro confesso, as against Luke P. Poland and Philip Henry
21
Brown; and thereupon this Court did entertain jurisdiction
and proceed to hearing and adjudication, in the same man¬
ner as if said Philip Henry Brown and Luke P. Poland had
been served with process within said district of New
Hampshire.
And whereas all the parties aforesaid, except said Philip
Henry Brown and Luke P. Poland, have been heard by their
counsel, and none of them object to this decree;
And whereas it appears by the report of Jeremiah Smith,
Master, which was filed on the second day of May in the
year of our Lord eighteen hundred and eighty-five, and
afterward duly accepted and confirmed, that the amount
required to be paid on the said second day of May by said
Portland & Ogdensburg Railroad Company, or persons
claiming under it, to redeem from the mortgages set out in
this cause and held by Nathan Webb, Weston F. Milliken,
and Horatio N. Jose, is one million five hundred ninety
thousand, seven hundred and forty-four dollars.
Now therefore, upon consideration of the premises, it is
ordered, adjudged and decreed, that there has become due
and payable upon the bonds given by said Portland & Og¬
densburg Railroad Company and secured by the mortgage
from said company, dated the first day of November in the
year of our Lord eighteen hundred and seventy-one, and by
the other mortgages hereinafter set out, the said sum of one
million five hundred ninety thousand, seven hundred forty-
four dollars, and the same is still owing by said Portland &
Ogdensburg Railroad Company, and is secured by said mort¬
gages and each of them, and that the failure to pay the
sum heretofore due as aforesaid is a breach of the conditions
99
—. —i
of the mortgage aforesaid and of those hereinafter more
o o
particularly set out; so that unless said Portland & Ogdens-
burg Railroad Company, or persons or corporations claiming
by, through or under it, shall within the time herein fixed,
pay said sum of one million five hundred ninety thousand
seven hundred forty-four dollars as aforesaid, and such other
\y
sums as may meanwhile come due upon the bonds aforesaid,
said Portland & Ogdensburg Railroad Company, and all
other persons or corporations claiming by, through or under
it, ought to be foreclosed and forever barred from redeeming
from said mortgages.
It is thereupon further ordered, adjudged and decreed
by the Court, that said Portland & Ogdensburg Railroad
Company, or persons or corporations claiming by, through or
under it, may within six months hereafter pay into the regis¬
try of this Court said sum of one million five hundred ninety
thousand, seven hundred forty-four dollars, being the amount
overdue and payable as aforesaid, to be distributed by this
Court to the persons entitled to receive the same, and may
likewise pay into the registry of said Court all other sums
coming due and payable within said six months as aforesaid,
said latter sums to be likewise distributed by said Court to
the persons entitled to receive the same; and that in default
of such payments by said Portland & Ogdensburg Railroad
Company, or persons or corporations claiming by, through,
or under it, whether of said sum of one million five hundred
ninety thousand, seven hundred forty-four dollars already
due and payable as hereinbefore set out, or of said other
sums coining due and payable within said six months, said
Portland & Ogdensburg Railroad Company, and all persons
and corporations claiming by, through or under it, shall be and
are forever barred and foreclosed from redeeming from any of
28
the mortgages following, to wit: The mortgages from said
Portland & Ogdensburg Railroad Company to Samuel E.
Spring, Weston F. Milliken and George F. Emery, dated the
first day of November, in the year of our Lord eighteen hun¬
dred and seventy-one, and to Samuel E. Spring, Weston F.
Milliken and Nathan Webb, dated the first day of April, in
the year of our Lord eighteen hundred and eighty-two, and
to Samuel E. Spring, Weston F. Milliken and Nathan
Webb, dated the1 fifteenth day of May in the year of
our Lord eighteen hundred and eighty-two, and to Sam¬
uel E. Spring, Nathan Webb and Weston F. Milliken,
dated the twenty-fifth day of February, in the year of our
Lord eighteen hundred and eighty-four; and that thereupon
said Weston F. Milliken, Nathan Webb and Horatio N. Jose,
as trustees, said Jose being the successor under said mort¬
gages of Samuel E. Spring, deceased, their survivors, suc¬
cessors and assigns shall and do become as such trustees ab¬
solutely the owners of all the railroad of said Portland &
Ogdensburg Railroad Company, located and to be located in
Portland in the State of Maine, and thence to its termina¬
tion at the western boundary line of the State of New Hamp¬
shire, and of all the stations and fixtures appurtenant
thereto, and of all rights acquired by lease or contract in
any railroads forming any part of the through line from
Portland to Ogdensburg, and of all lands and tenements ever
taken or held by said Portland & Ogdensburg Railroad Com¬
pany for the purposes of its railroad, and of all the franchises
of said Portland & Ogdensburg Railroad Company to build,
maintain and operate said railroad, granted by said states of
Maine or New Hampshire, and of all the cars, engines or
other movable furniture, machinery and equipments of said
railroad, and of all other personal property appertaining to
or connected with the customary use and working of said
24
railroad and machinery thereof, and of all the privileges and
appurtenances thereof or belonging thereto, and of all other
property, franchises, rights and privileges conveyed or in¬
tended to be conveyed by said mortgages or any of them,
subject to the prior mortgage from said Portland & Ogdens-
burg Railroad Company dated the first day of November in
the year of our Lord eighteen hundred and seventy, and to
the liens and liabilities which have been or may be created
or incurred by Samuel J. Anderson, appointed in this cause
receiver of said railroad and its appurtenances, or by his suc¬
cessor; but free from all claims and rights of the said Port¬
land & Ogdensburg Railroad Company, or persons or corpo¬
rations claiming by, through or under it, to redeem the same
or any part thereof from said Webb, Milliken and Jose as
such trustees, their successors, survivors or assigns.
And it is further ordered, adjudged and decreed that the
said Portland & Ogdensburg Railroad Company, and all per¬
sons and corporations claiming by, through or under it, be
ordered, unless it or they shall pay said sums aforesaid
within the time aforesaid, to execute from time to time as
may be requested, all such deeds and other instruments, as
may be from time to time found desirable to give full effect
to this decree, or to the intentions of the same; and that
said Portland & Ogdensburg Railroad Company, and all
persons and corporations claiming by, through or under it,
except persons and corporations claiming by, through or
under said receiver or by, through or under said mortgage
dated the first day of November in the year of our Lord
eighteen hundred seventy, be perpetually enjoined and re¬
strained from claiming or setting up any claim or title
adverse to the title of said Webb, Milliken and Jose as
trustees, their successors, survivors or assigns, and from
claiming or setting up any claim or title inconsistent with
25
an absolute and unconditional title in the said Webb, Milli-
ken and Jose as trustees, their survivors, successors or
assigns, unless said corporation or persons or corporations
claiming by, through or under it, shall pay said sums within
the period of six months aforesaid.
And it is further ordered, adjudged and decreed that the
parties hereto and said receiver be at liberty to apply from
time to time for directions with reference to the said receiver
and his possession of said railroad and its appurtenances,
and the liens or liabilities incurred or which may be incurred
by him, and with reference to the duties, trusts, rights and
liabilities of said receiver and of said Webb, Milliken and
Jose as such trustees, and that the bill be retained for such
further directions.
(Signed) Le Baron B. Colt,
U. S. Circuit Judge.
(Signed)
Drummond & Drummond, )
J. S. H. Frink, > Solicitors.
William L. Putnam, )
A copy. Attest:
(Signed) William H. Hackett, Clerk.
[indorsed.]
Mercantile Trust Company
vs.
Portland & Ogdensburg Railroad Company et als.
District of New Hampshire. Final Decree.
Filed May 12, 1885.
William H. Hackett,
Clerk of Circuit Court, U. S., District of New Hampshire.
A copy. Attest:
(Signed) William H. Hackett, Clerk.
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