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STATE OF MAINE.
Gurr\berlaf\d, ss. Supreme Judicial Court.
WESTON F. MILLIKEN ET AL,
VS.
THE PORTLAND AND OGDENSBURG RAILROAD
CO. ET ALS.
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 Milliken and -Webb being
complainants, and said Jose having been made a party
defendant, as successor in said trust of Samuel E. Spring,
formerly complainant, filed their petition on the 27th day of
March, a d. 1885, prajdng for the matters herein ordered,
notice upon which petition was duly ordered and served
upon all the other parties to this cause, to wit, the Portland
& Ogdensburg Railroad Company, Union Mutual Life In¬
surance Company, First National Bank of Portland, Philip
Henry Brown and Thomas H. Haskell, trustees under the
mortgage dated November 1st, a.d. 1870, and Philip Henry
Brown and Luke P. Poland, trustees under the mortgage
dated January 1st, a.d. 1875, and Daniel Roberts of Bur¬
lington in the state of Vermont; and notice was.also ordered
and given to the city of Portland.
At the hearing of said petition, said Milliken, Webb and
Jose appeared by William L. Putnam, their solicitor, said
2
♦
Union Mutual Life Insurance Company by Josiah H. Drum-
mond, its solicitor, said First National Bank of Portland by
B. D. Verrill, its solicitor, said City of Portland by Joseph
W. Symonds, its solicitor; said other parties did not appear,
but it was proven that they had received due notice to then
appear and be heard, if they desired, according to the order
aforesaid.
It appeared or was admitted at the hearing, that the city
of Portland is the owner of thirteen hundred fifty thousand
(1,350,000) dollars of the bonds secured by the mortgage of
November 1st, a.d. 18T1; that the Union Mutual Life Insur¬
ance Company is the owner of bonds secured by the mort¬
gage of November 1st, a.d. 1870* to the sum of thirty-three
thousand five hundred (33,500) dollars; that the First Na¬
tional Bank of Portland is the owner of coupons secured by
said mortgage of November 1st, a.d. 1870, which fell due
on the first day of January, a.d. 1881, to the amount of over
twenty-two thousand dollars; and that it was alleged in the
petition, and not denied, that Daniel Roberts is the owner of
bonds secured by said mortgage of January 1st, a.d. 1875,
of the principal sum of fifteen thousand (15,000) dollars;
so that it appeared to the Court, that all interests concerned
in the subject matter of said petition were fairly represented
at said hearing.
(
And thereupon, after hearing the parties and their proofs,
all parties present, and also the Maine Savings Bank, which
owns all the Receiver's certificates which have been issued,
consenting to this decree; it is ordered, adjudged and
decreed by the Court:
First. That the decree filed herein on the 27th day of
March, 1881, appointing Samuel J. Anderson, Receiver, be
3
amended in that part thereof which refers to the pay-rolls
and salaries authorized to be paid by the Receiver, by strik¬
ing out the words "schedule B," and thev 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 by concurrent decrees in the case of The Mercan¬
tile Trust Company v. The Portland & Ogdensburg Railroad
Company et als., pending in the Circuit Court of the United
States for the District of New Hampshire:
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
improvement of the railroad and its appurtenances, large
amounts of the net earnings which ought equitably to have
been applied to or been retained for the payment of current
labor and supply bills, and coupons secured by the mortgage
dated November 1st, A.D. 1870, and which said amounts are
considerably in excess of fifty thousand (50,000) dollars;
It is further ordered, adjudged and decreed by the Court
that the Receiver sell at not less than par fifty thousand
(50,000) dollars of certificates, being the balance of the two
hundred and fifty thousand (250,000) dollars Receiver's
4
certificates contemplated by said order filed March 27th,
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 author¬
ized 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
schedule hereto attached and made a part of this decree,
marked "schedule of current liabilities," and signed as ap¬
proved May 2d, A.D. 1885, by W. L. Putnam, B. D. Yerrill,
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.
5
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," attached to said order filed March 27th,
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 any part of the
principal or interest of notes amounting to twenty-six thou¬
sand seven hundred ninety-seven dollars and two cents
X/
($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 exten¬
sion^ 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 the 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¬
mont, unless said Receiver shall be satisfied that the amount
to be paid is not required, and will probably not be required,
6
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.
Provided, further, that this order shall take effect only so
far as it shall be concurred in, or approved by or be made
the order of the Circuit Court of the United States within
and for the District of New Hampshire.
(Signed), C. W. WALTON, J. S. J. C.
We severally consent to the above decree:
NATHAN WEBB, WESTON F. MILLIKEN, and HO¬
RATIO N. JOSE,
by (signed), William L. Putnam,
their Solicitor.
CITY OF PORTLAND,
by (signed), Joseph W. Symonds,
its Solicitor.
PORTLAND & OGDENSBURG RAILROAD CO.
by (signed), Charles F. Libby,
its Solicitor.
FIRST NATIONAL BANK, OF PORTLAND,
by (signed), Byron I). Verrill,
its Solicitor.
UNION MUTUAL LIFE INSURANCE CO.,
by (signed), Dritmmond & Drummond,
its Solicitors.
MAINE SAVINGS BANK,
by (signed), Aepiieus G. Rooers,
its Treasurer.
7
[endorsed.]
MILLIKEN, ET AL.,
v.
THE PORTLAND & OGDENSBURG R. R. CO.,
ET ALS.
Decree for Payment of Floating Debt, Coupons,. &c.
May 8, 1885, filed.
(Signed), A. A. DENNETT, 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.. 1888 to Apr., 1884* 113.09
W. A. Russell Lumber December, 1883 252.06
C. P. Mattocks Wood Sept. and Oct., 1883 215.15
E. Corey & Co Iron and Steel July, 1883 to Apr., 1884* 166.69
H. L. Davis Stationery Aug., 1883 to Apr., 1884* 318.37
Emery, Waterliouse «fc Co Hardware.... May, 1883 to Apr.. 1884* 1,075.49
Quinn & Co Repairs of locomotive Jan., Feb., Mar., 1884 181.45
Aug. P. Fuller & Co Oil Jan., Feb., Mar., 1884 122.04
J. J. Gerrish & 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 & Co Ticket printing Jan., Feb., Mar., 1884 84.98
Woodbury A; Latham Ties February, 1884 46.40
Wm. Mann Copy books and paper Jan. and Mar., 1884 67.57
Wm. M. Marks Printing Sept., 1883 to Apr., 1884 142.25
James A. Marcus & Co Oil January, 1884 165.77
E. J. Brooks & Co Car locks and seals January, 1884 41.00
C. H. O'Brion Coal March, 1884 41.30
Tibbetts Hastings Wood January, 1884 21.00
Portland Publishing Co Advertising July, Aug. and Sept., 1883 76.93
A. & P. B. Young Ties and posts Aug., 1883 to Apr., 1884* 49 60
E. L. Stanwood & Co Paint Jan., 1883 to Apr., 1884 130.24
Hutchins & Gordon Wood May, 1883 432.87
W F. Phillips & 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 Jan., 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., 1884. 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
Westingliouse 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., 1883 and Mar., 1884 ..64.91
Pondicherry 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.
CO
NAME OF CREDITOR.
NATURE OF ACCOUNT.
J. W. Deering Southern pine
C. M. & H. T. Plumraer Repairs
Farist Steel Co Car springs
Eames Vacuum Brake Co Diaphragms, etc.
Granular Metal Co Car bearings
John Gulliver Labor on buildings
G. Abbott & Son Ties
Allston Car Wheel Co Car wheels
Joshua Silsby , Plank
James S. Libby Crib work and pile driving
Elias Hersey Repairs to roof
S. D.JMerrill & Co Plumbing
Spencer Rogers Carpenter Work...
Marrett, Bailey A Co Station furnishings
Gilbert Soule Lumber
State Publishing Co Advertising
W. H. Scott Work 011 gutters, etc
Littlefiekl & Wilson i Planing
Rufus Deering & Co Lumber
John Anderson Advertising exp
J. P. Gabrielson Locks and keys
Portland Evening Express Advertising
L. C. Cummings & Co Lime and cement... ......
A. E. Stevens & Co Iron and steel
Eastern Argus Advertising
Noyes Mnfg. Co Gas regulator
Hancock Inspirator Co Repairs to inspirator
Charles M. Gore Lubrifuge
N. M. Perkins & Co ..Lead pipe
Loring, Short & Harmon Stationery
Wason Mnfg. Co .Bell cord hangers
L. Crockett Repairs to injector
CORRECT AMOUNT
TIME OF ACCOUNT. APRIL 1st, 1884.
Feb. and Mar., 1884., $29.82
March, 1884 4.60
February, 1884.. 93.20
March, 1884 •. 75.00
March, 1884 100.97
May, 1882 to Jan., 1883* 690.08
March, 1884 20.00
February, 1884 480.00
February, 1884 198.12
Tune, 1882 to Dec., 1883* 5,000.00
March, 1883 1.00
Jan.. 1883 to Dec., 1883 44.81
April and June, 1883 123.32
March, 1884 49.50
September, 1883 9.94
Dec., 1883 and Jan., 1884 24 25
Jan., 1884 to April, 1884 .158.62
February, 1884 6.40
March, 1884 49.83
March, 1884 18.33
Sept., 1883 to April, 1884 :..8.05
Jan., Feb. and March, 1884 7.00
Oct. and Nov., 1883 159.50
Dec., 1883 to April, 1884* 199.63
Sept., 1883 to Jan., 1884 57.29
July, 1883 30.00
February, 1884 9.50
November, 1883 ..31.25
August, 1883 77
Feb. and March, 1884 94.35
July, 1883 7.60
February, 1884 4.30
R. Lewis & Co Spruce sheathing August, 1883 46.25
Oriental Powder Mills Powder and fuse January, 1884 4.50
A. it P. B. Young Ties September, 1883 10.50
Portland it Rochester R. R ...Repair bill August, 1883 8.76
Curtis \t Soule Ice Aug., 1883 to April, 1884 .. 14.40
O. M. & D. \V. Nash.*. Oil cans 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 it 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 it Co Lumber ,... .Dec. 1, 1883 to Mar., 1884* 1,562.35
J. Hobson & Sons Ties October, 1883 . . 135.37
E. Corey & 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. it 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 it 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. it C. H. Tibbetts ... Wood ....February, 1883 799.81
Quinn it 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.
DATE OF ACCOUNT FOR AMOUNT
TO WHOM GIVEN. ON ACCOUNT OF. WHICH NOTES WERE ISSUED. OF NOTES.
C. M. & H. T. Plummer Repairs July, 1883 to Jan., 1884 $338.48
W. H. Scott Repairs. July. 1883 to Jan.. 1884 335.72
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, 18S5. (Signed)
$17,510.28
W. L. Putnam,
B. D. Verrill,
J. H. Drummond, y Solicitors.
Joseph W. Symonds,
Charles F. Lihby,
'Running siccount, with payments from time to time.
[ENDORSED.] *9
\
Weston F. Milliken, et al. vs. The Portland & Ogdensbnrg Railroad Co., et als. Sched¬
ule of Current Liabilities, attached to decree of May 8th, A.D. 1885, for payment of float¬
ing debt, coupons, etc.
Filed May 8th, 1885.
Signed, A. A. DENNETT, Clerk.
18
At a meeting of the trustees of the Maine Savings Bank,
held at their banking room, Friday, April 10, 1885, at ten
and one-half o'clock a.m., on motion of Wm. G. Davis,
Voted, That, whereas, the Maine Savings Bank is the
owner of all the certificates heretofore issued by Samuel J.
Anderson, Receiver of the Portland and Ogdensburg Rail¬
road Company, to wit, one hundred and ninety thousand
[190,000] dollars of the principal thereof, and is entitled by
the terms and conditions of its original bid for the same, to
the exclusive right to purchase and have all additional cer¬
tificates which may be issued b}- said Receiver to the extent
of two hundred and fifty thousand [250,000] dollars in all:
And, whereas, said Bank is informed that the parties in
interest desire that said Receiver shall be authorized to com¬
plete the whole of the issue of said certificates originally
contemplated, to wit, the amount of two hundred and fifty
thousand [250,000] dollars: 1
Now, therefore, the Treasurer of this Bank is authorized
to give the consent of the Bank to decrees of the Supreme
Judicial Court of Maine, and of the United States Circuit
Court within the district of New Hampshire, authorizing
the issue and sale of additional Receiver's certificates, so
that the whole amount of said certificates authorized to be
issued and sold may be two hundred and fifty thousand
[250,000] dollars, and not in excess thereof.
A true copy from the records. •
Attest: (Signed;, ALPHEUS G. ROGERS,
Secy Maine Savings Bank.
[endorsed.]
Certified copy of vote of trustees of Maine Savings Bank,
consenting to decree, April 10, 1885.
Attached to decree of May 8, a.d. 1885, for payment of
floating debt, coupons, etc., in Weston F. Milliken, et als.,
vs. The Portland A Ogdensburg Railroad Co., et als.
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