D.-Securities held as collateral or in trust by the Erie Railway Company prior to the Receivership, and since then by the Receiver, and now in his possession: 1. Capital stock of Cleveland, Columbus, Cincinnati and Indianapolis Railroad Company, acquired after August, 1874, and prior to May 26, 1875, par value $1,424,300. 2. Capital stock of the New York and New Jersey Provision Dealers' Association, acquired in December, 1874, par value $20,000. 3. Interest coupons of the Atlantic and Great Western Railroad Company : 1st Mortg. Ohio Div. Currency coupons, $ 76,951 83,860 Total par value, $160,811 Extension certificates of same company, 1,313 of £100 each; total par value $656,500; acquired during 1874. 4. Capital stock of the Avon, Geneseo and Mount Morris Railroad Company, acquired prior to 1873, par value $30,750. 5. Capital stock of the Rochester and Genesee Valley Railroad Company, acquired prior to 1873, par value $149,400. (No value estimated upon the above securities held as collateral or in trust.) E. Divers accounts on the books of the Erie Railway Company against individuals and corporations, the following being particularly specified by the AttorneyGeneral: F. All the accounts standing on the Receiver's books May 31, 1878, against divers individuals and companies, and to his credit as Receiver; and all the moneys due or to become due therefor, or received therefrom. (None of these accounts specified by the Attorney-General.) G.-Executory contracts between the Erie Railway Company or the Receiver with individuals and corporations. (No specifications by Attorney-General.) H.-Patent Rights owned by the Erie Railway Company and specified by the Attorney-General, as follows: Turner's Patent for ventilating railroad cars; Patent for tempering springs; Patent for car coupler and buffer; 66 "locomotive safety trucks; Adams' Patent for cleaning cotton waste; K.—Amount of cash received by Receiver from the Erie Railway Company, May 26, 1875-June 15, 1875, stated by Attorney-General to be the sum of $561,096.59. Also amount of cash in the hands of the Receiver, May 31, 1878, stated by the Attorney-General to be the sum of $346,021.51. L.—All rents and moneys received by Receiver on property since June 1, 1878. (No specifications by the Attorney-General.) SUPPLEMENTARY APPENDIX. "EXHIBIT N." Copies of Stipulations of parties made herein after the reopening of the Reference, July 31st, 1879. Also Exhibits received in evidence after said date. August 6, 1879. All parties stipulated in open Court and directed the Clerk to enter upon the minutes as follows: "The stipulation entered into herein, June 14, 1878, is hereby amended to read as follows: That all 'the orders made and entered in the Supreme Court in this action of The Farmers' Loan Trust Co. v. "The Erie Railway Co. et al., and the action of J. C. B. Davis agst. The Erie Railway Co. et al., and also all petitions, affidavits, and reports of Referees, and other papers upon which said orders were based, and the pleadings and other papers in said actions, be considered as evidence or proofs in this reference, so that either party may refer to or read any of the same before the Referee or before the "Court." All parties stipulated in open Court and directed the Clerk to enter upon the minutes as follows: 'That the mortgage of The Erie Railway Company to The Farmers' Loan and Trust Company, February 4, 1874, was delivered on or about March 15, 1874." August 7, 1879. All parties stipulated in open Court and directed the Clerk to enter upon the minutes as follows: "That the Referee report the testimony taken at this and the last preceding session as the same "is written out by the stenographer." All parties stipulated in open Court and directed the Clerk to enter upon the minutes as follows: "That either party may, within ten days, file certified copies of any conveyances of property now held by H. J. Jewett, Receiver, not already in evidence. It was also agreed that counsel for the plaintiff may, within said time, cause to be filed a statement of trial balance of The Erie Railway Company, May 31st, 1875." August 12, 1879. The following stipulation was this day filed with the Referee : (Title of Action.) "It is hereby stipulated and agreed that counsel for plaintiff have ten days' additional time within "which they are to furnish copies of deeds, &c., to the Referee herein. "Dated N. Y., August 12, 1879." "TURNER, LEE, & MCCLURE, Attys. Deft. F. L. & T. Co. "SHIPMAN, BARLOW, LAROCQUE, & MACFARLAND, 35 William Street, "N. Y. City." No. 1. (Cited in testimony as "Exhibit No. 1," Aug. 6, 1879.) Map of Erie Railway and branches, including leased lines. (Transmitted with Report, original Exhibits, &c., to Court.) No. 2. Mortgage Long Dock Co. to Erie Railway Co. et al., May 25, 1863. (Transmitted as above.) No. 3. Mortgage Long Dock Co. to Erie Railway Co. et al., August 15, 1857. (Transmitted as above.) No. 4. Memorandum of agreement between Erie Railway Co. and National Stock Yard Co., February 1, 1870. (Transmitted as above.) No. 5. Deed Peter H. Watson and Rebecca R. Watson to Hugh J. Jewett, July 27, 1874. (Transmitted as above.) No. 6. Assignment lease Lucy D. Fisk to Peter H. Watson, December 18, 1872. (Transmitted as above.) No. 7. Deed Thomas Boese, Referee, to Hugh J. Jewett, October 31, 1876. (Transmitted as above.) No. 8. Deed Thomas Boese, Referee, to Hugh J. Jewett, October 31, 1876. (Transmitted as above.) No. 9. Deed Wheeler H. Peckham, Referee, to The Erie Railway Co., August 6, 1875. (Transmitted as above.) No. 10. Deed John P. O'Neal, Referee, to Hugh J. Jewett, October 23, 1875. (Transmitted as above.) No. 11. Deed Charles H. Knox, Referee, to Hugh J. Jewett, August 21, 1875. (Transmitted as above.) No. 12. Statement cash balance Erie Railway Co., May 31, 1875. (Transmitted as above.) INDEX TO APPENDIX, AND TO DOCUMENTARY AGREEMENTS, CONTRACTS AND LEASES EVIDENCE. Agreement Erie Railway Company and Jay Gould, December 18, 1872. PAGE 183 229 238 Agreement Erie Railway Company and National Stock Yard Co., February 1, 1870.... 238 CERTIFICATES, ETC. Certificate Incorporation, N. Y., L. E. & W. R. R, Co..... Certificates given to Bondholders under Reconstruction Scheme. CONTRACTS See Agreements, &c. DEEDS Curtis, Referee, to Morgan et al, Trustees, April 26, 1878.. Wheeler H. Peckham, Referee, to Erie Railway Co., August 6, 1875. EXHIBIT M Statement Property Claimed by Attorney-General... JUDGMENTS See Orders, &c. LEASES . 136 .181-182 152 157 161 238 238 238 238 238 238 229 |