David Stewart vs. C.P. Huntington

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Ques. 36 To whom was this transferred after it reached C. P. Huntington?

Ans. It was transferred the same day to Harvey Fisk, without any certificate.

Ques. 37 — Can you trace that — what finally became of it. Better follow that down to the Contract and Finance Co. if you can, please?

Ans — And from Fisk it was transferred to the Contract and Finance Co. Sept. 29th 1880.

Ques — 38 — Please look at the certificate book before you and say when the five hundred shares of stock owned by Mr. Wm. H. Aspinwall were issued?

Ans — It was issued Oct. 16th 1867

Ques 39 — All in one certificate?

Ans — No Sir.

Ques 40. For how many shares was that first certificate?

Ans. For five certificates of one hundred shares each.

Ques. 41 — All of the same date?

Ans. All of the same date.

Ques. 42 — The first certificate is

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982, is it not?

Ans. — 982, and this certificate No. 982 for 100 Shares, dated October 16th 1867 certifies that Wm H. Aspinwall was the owner of 100 shares. It is signed by E. H. Miller, Jr. Secty, and Leland Stanford, President. The stub, which is in the usual form, is not receipted. The endorsement upon the certificate reads as follows: "For value received "I do hereby sell and assign unto D. O. "Mills & Co., 100 shares of the capital stock "of the within Co. standing in my "name on its books, and I consti"tute and appoint E. H. Miller Jr. — "lawful attorney and in — name "and stead to transfer the above "number of shares, and sign and "execute all necessary papers to "that end, hereby ratifying all "lawful acts of — said attorney "done by virtue hereof.

Witness — on this ___ day of — A.D. 186

Wm H. Aspinwall. Witness, J. E. Gates.

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The next certificate numbered 983, in the same form for 100 shares and the same date, signed by the same officers.

The endorsement is precisely the same as the last certificate. The next is certificate 984, for 100 shared precisely a copy of the previous certificates certificate for 200 shares to Wm Aspinwall and the endorsement is the same.

The next is certificate 985, an exact copy of the others, also for 100 shares to Wm H. Aspinwall and the endorsement on that is the same as the previous certificates.

The next is 986 for 100 shares, same date to Wm H. Aspinwall and is an exact copy of the previous certificates and the endorsement is the same.

The stub of the last mentioned certificate 986 is annexed to it. Thes two papers read "San Francisco October 14th 1867 "To the Secty. [Secretary] of the C. P. R. R. Co. [Central Pacific Railroad Company]— "Sacramento; Dear sir: "Herewith we beg to find you "by the care of Messrs Wells Fargo "& Co"[scribbled out]

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"& Co. seven certificates of C. P. R. R. Co. [Central Pacific Railroad Company] "stock namely numbers 858 to 861 for "fifty shares each numbers 864 to "866 for 100 shares each. 500 shares "in all. Which be good enough "to transfer to the name of Wm "H. Aspinwall, in lieu of the above "seven, Please issue fine certifi"cates of 100 shares each — and "forward the same to us — "through Wells Fargo & Co. We "remain yours Respectfully. " "Office of C. P. R. R. Co. [Central Pacific Railroad Company] Sac. [Sacramento] October 16 - 1867. "Received from the C. P. R. R. Co. [Central Pacific Railroad Company] — "certificate of stock; 982 for 100 "shares; 983 for 100 shares; 984 for "100 shares; 985 for 100 shares;986 for "100 shares. All in the name "of Wm H. Aspinwall

[caret bracket] signed [caret bracket] Wells Fargo & Co.

Ques 43 — By the endorsements on these certificates you have produced, you were constituted the attorney in fact of Mr. Aspinwall to transfer that stock; To whom did

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you transfer it?

Ans. Well to D. O. Mills & Co.

Ques 44. Please look at your books and see to whom it was transferred from D. O. Mills & Co.

Ans. It was transferred to Leland Stanford November 28th 1873.

Ques 45. And remained in the name of D. O. Mills & Co. from the time it reached your hands until it was transferred to Leland Stanford?

Ans Yes Sir.

Ques 46. Is that as to the whole 500 shares that stood in the name of Mr. Aspinwall?

Ans Yes sir.

Ques 47. Now as the 287 shares that belonged to Mr. Wm Paton — Please produce the certificate of that stock.

Ans. The witness in answer to this question pro-duces the certificate book showing certificate No. 607 for 50 shares dated Aug 24th 1865 — on which is endorsed the form of endorsement —