David Stewart vs. C.P. Huntington

2 q The effect of it was, you took the suit, and you were to dismiss the suit by reason of Mr. Haggin's agreeing to pay you eighty five thousand dollars?

a For that interest that we got.

3 q Then what you really got, and what you really sold was the cause of action set forth in the Brannan suit against the Central Pacific Railroad Company of California and others, whatever there was involved in that suit you obtained, did you not?

a Together with the stock which formed the basis of that suit; yes.

4 q Whatever causes of action were in that complaint enured to Mrs. Brannan?

a Yes.

5 q And it was that cause of action including the stock, that you as her representation sold to Mr. Haggin?

a Yes.

q Mr. Smith, did not Mrs. Brannan assign the action of Samuel Brannan against the Central Pacific Railroad Company to D. D. Colton, at that time?

Objected to as not being the best evidence: if there is any such assignment it should be produced.

SECOND RE-DIRECT EXAMINATION [red double underline]

1 q By Mr. Cohen[double underlined]: Was there any other cause of action in that complaint than was founded when the ownership of those two hundred shares of stock?

Objected to; that the complaint itself is better evidence.

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a I think large averages of earnings were claimed

2 q As an incident of the ownership of the stock, do you mean?

a Yes.

3 q Was not the arrangement between you and Mr. Haggin that you should sell him that stock?

a But with that, I understood, of course, that the lending action and all subject matter of controversy that Mrs. Brannan took with that stock should go with it.

4 q Was there any other controversy, or "chose in action"[underlined] assigned by you on behalf of Mrs. Brannan to Mr. Haggin or Mr. Colton as a consideration for the payment to you of the eighty five thousand dollars, other than such as arose from that stock, and its owner ship?

a I think not; my recollection is that I gave Mr. Haggin an order for the dismissal or satisfaction of the suit, and that with his previous possession of the stock, my interest or Mrs. Brannan's interest in the matters ceased.

The "witness"[double underlined] desires to correct his answer to question 7 of the Direct Examination, by saying, that after making that answer he recollects that the suit that he understood to have been settled was not the suit of Brannan against the Central Pacific Railroad Company, but another suit which Mr. Felton had brought for a similar purpose. The suit of Brannan against the Central Pacific Railroad Company was settled as he subsequently answered in this examination.

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In the Supreme Court of the State of New York, in and for the City and County of New York. [double underlined in red]

David Stewart vs. C. P. Huntington et als. [double underlined in red]

Lloyd Aspinwall et als., Exrs. vs. The Same. [double underlined in red]

William Paton vs. The Same. [double underlined in red]

Elizabeth S. Paton, Executrix, &c. vs. The Same. [double underlined in red]

John T. Agnew et al, surviving partners, &c. vs. The Same. [double underlined in red]

DEPOSITION [double underlined in red]

of witness produced, sworn, and examined the ninth day of December in the year One thousand, Eight hundred and Eighty at San Francisco, California, under and by virtue of a Commission, issued out of the Supreme Court of the State of New York, in and for the City and County of New York, in five certain cases therein depending and

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at issue, in one of which David Stewart is plaintiff; in another of which Lloyd Aspinwall et al, Executors, are plaintiffs; in another of which William Paton is plaintiff; in another of which Elizabeth S. Paton as Executrix, &c, is plaintiff; in another of which John T. Agnew et al., surviving partners, &c, are plaintiffs, and in all of which C. P. Huntington and others are defendants, as follows:

Moses G. Cobb,[underlined] aged sixty years and upwards being duly and publicly sworn, pursuant to the directions hereto annexed and examined on the part of the plaintiffs, doth depose and say as follows:

(Before William Thomas, Commissioner.)[double underlined in red]

(For Plaintiffs, A. A. Cohen.)[double underlined in red]

(For Defendants, S. W. Anderson.)[underlined in red]

DEPOSITION OF MOSES G. COBB. [underlined in red]

1 q By A. A. Cohen: Please state your name, age, place of residence and occupation.

a Moses G. Cobb, attorney at law, sixty years of age. I reside in this city and county.

2 q How long have you resided in the city and county of San Francisco?

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a Since 1866, June.

3 q Have you been practising all that time?

a Ever since.

4 q Do you know anything concerning a suit that was brought in the District Court of the Fifteenth Judicial District of the State of California, in and for the City and County of San Francisco, entitled "Samuel Brannan against the Central Railroad Company of California and others?

a Yes, sir: I was the attorney of record in that case.

5 q Will you state what became of the two hundred shares of stock mentioned in paragraph six of the complaint?

a That passed by the decree in the divorce case of Eliza Brannan against Samuel Brannan to Mrs. Brannan. It was set "out"[crossed out]off to her as a part of the common property.

6 q Do you know to whom that stock was sold, and what was paid for it?

a I do not of my own knowledge. All I know is; the stock parsed under that decree, and I was a mere "locum tenens"[underlined] in the case for some months and years, I think.

7 q Did you ever see the stock?

a I think I did.

8 q Do you know what company it was in?

a I think the original two hundred shares were of the Eight and a half millions capital issue. x of the Central Pacific Railroad Company of California I saw that. I know the history of that. I think that was passed to Mr. Tillinghast's Bank, "or the Bank of British Columbia"[written above text] "right under your old office."[all crossed out] Then there was an increase of Capital; then he got a new certificate of stock. I do not know that except

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