Central Pacific Railroad Company Lawsuits

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David Stewart vs. C.P. Huntington

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Agent of the Company? A. He had been in the habit of sending out his statements of his expenditures for and on behalf of the Company, and of his purchases, to the Secretary of the Company.

Q. 208. To the Secretary direct?

A. Yes sir.

Q. 209. Not to you?

A. Not to me.

Q. 210. If he bought or sold any stock he would not account to you?

A. Not to me directly.

Q. 211. Would make no report to you?

A. No report except his annual report. His report may have been addressed to the President of the Company; but they usually went to the Secretary.

Q. 212. If he bought or sold stock for the Contract and Finance Company, to whom would he report?

A. I presume he would report to the Contract and Finance Company

Q. 213. Were not all of the transactions of the Contract and Finance Company substantially for the benefit of yourself, C. P. Huntington, Hopkins, Charles and E. B. Crocker, or some of them?

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A. I dont[don't] know that it has ever had any transaction of that kind. I believe it always acted for itself.

Q. 214. If C. P. Huntington bought any stock, and remitted that stock to the Contract and Finance Company and received payment from the Contract and Finance Company for the stock; would not that transaction have been for the indi= vidual benefit of yourself, C. P. Huntington, Hopkins, Charles Crocker and E. B. Crocker, in his life time?

A. No sir

Q. 215. Were there any other persons to your knowledge substantially interested in the Contract and Finance Company ex= cept the gentleman whose names are mentioned in my last question?

A. There were other stockholders. I cannot say to what extent. I dont[don't] know to what extent C. P. Huntington was interested in the Company.

Q. 216. Dont[Don't] you know that a certified copy of the proceedings of the Contract and Finance Company which was filed at the time of the

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W. E. Brown

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the bonds which had been deposited in that bank by Charles Crocker?

A. I do not think I ever had any such correspondence.

Q. 980 I will ask you, Mr. Brown, with refer= =ence to certain promissory notes paid by the Contract and Finance Company. Do you recollect the payment of certain notes to Michael Reese by you, as the secretary of the Contract and Finance Company?

A. I think we have had transactions and loans from Michael Reese several times. I do not know which ones you refer to.

Q. 981 Do you recollect how those notes were executed?

A. Do you refer to any particular notes?

Q. 982 I am speaking of any of them.

A. I think they were signed by the in= =dividual members of the Contract and Finance Company, instead of the corporation.

Q. 983 You mean Messrs. Stanford, C. P. Huntington, Hopkins and Crocker?

A. I think so. I do not remember those particular notes that you speak of. That was a custom the company had.

Q. 984 I will ask you with reference to a note paid to Michael Reese in the month of October, 1870: Was that made by the individ=

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negotiations of that kind, or gave me any information in regard to those negotiations.

Q. 1122 You refer now to Messrs. Stanford; C. P. Huntington, Hopkins, and Charles and E. B. Crocker, or some of them?

A. Yes sir.

Q. 1123 Have you any personal knowledge of any matters relating to these purchases that I have been asking about?

A. No, I have not.

Q. 1124 All the information which you received concerning these matters came to you through one or the other of the persons whose names I have just mentioned?

A. It did.

Q. 1125 The entries on your books, then, were made from information which you received in that way?

A. They were.

Q. 1126 — Not from your personal knowledge of the transactions?

A. No.

Q. 1127 Were these various transactions that you have spoken of in your examination authorized by a vote of the directors of your company, in each case?

A. All important transactions were.

Q. 1128 What do you class as important

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Edward H. Miller Jr. Deposition 2

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Central Pacific Railroad Company?

A. The purchasing and importing of rails.

Q. 237 Mr. Cohen: You stated, in your answer to a previous question, that the object was to facilitate the speedy building of the road. I ask you: Could it [caret]not have been built as speedily with the services of the officers and employes [employees] of the Central Pacific Rail= =road Company as by invoking the aid of another corporation, of whicle[which] the same persons were members?

A. I do not think the the aid of another cor= =poration was invoked, of which the same persons were members.

Q. 238 Were not Stanford, C. P. Huntington, Hopkins and Crocker, the directors of the Central Pacific Railroad Company, members of the Contract and Finance Company?

A. Not to my knowledge.

Q. 239 Mr. Sake: Was not Leland Stanford a director and president of the Central Pacific Railroad Company?

A. He was.

Q. 240 Was he not on the directors of the Contract and Finance Company?

A. Not that I know of.

Q. 241 You never heard that he was?

A. I never heard that he was.

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