USA > Missouri > Jackson County > The History of Jackson county, Missouri, containing a history of the county, its cities, towns, etc., biographical sketches of its citizens, Jackson county in the late warhistory of Missouri, map of Jackson county > Part 28
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HISTORY OF JACKSON COUNTY.
work upon said road as in this order provided, except so much thereof as this court may from time to time direct to be paid out for securing the right of way for said road within the County of Jackson, and eighteen thousand dollars or any less amount, to cover advances in adjusting claims in bankruptcy, and the cost of said proceedings in bankruptcy. And it is further ordered that when the pro- visions of this order are complied with by William Chrisman, agent, as aforesaid, and said bonds are removed from the banking house of said Northrup & Chick, said Chrisman as said financial agent, and said banking house of Northrup & Chick, shall be and they are hereby in that suit held harmless, and released from all further responsibilities in the premises. And it is further ordered that this or- der shall be in force and take effect when and not until the Board of Directors of said Kansas City, Memphis and Mobile Railroad Company, by an order duly entered of record in the books of said company, shall accept the same, in all its terms and provisions, and file with the clerk of this court a certified copy of such order of acceptance, Judges Yager and Mason dissenting. And afterward, to- wit, at the August adjourned term, 1873, and on the 20th day of said month, amongst others, the following proceedings were had and made, viz :
RESOLUTION. KANSAS CITY, MEMPHIS & MOBILE RAILROAD COMPANY, - OFFICE OF THE GENERAL SUPERINTENDENT, KANSAS CITY, Mo., July 26th, 1873.
At a meeting of Board of Directors of the Kansas City, Memphis & Mobile Railroad Company, held at the office of the company in Kansas City, July 26th, 1873, among other proceedings the following resolution was passed and recorded on the records of the company :
Resolved, That the order passed by the County Court of Jackson County, at Independence, on the 24th day of July, 1873, at adjourned term, requiring this Company to complete the gradation and masonry on the line of the road from Kansas City to Harrisonville before said company shall be entitled to receive the balance of the bonds and money now in the hands of William Chrisman, financial agent of said county, which said agent holds in trust for this Company, and re- quiring said Chrisman, among other things, to deposit said bonds and money in the Banking House of Donnell, Lawson & Co., New York, is hereby accepted in all of its terms and provisions, and the Secretary pro tem. is hereby directed to cause to be filed with the Clerk of said county, at Independence, a copy of this resolution.
A true copy of the records of the Company.
HENRY REIHL, Secretary Pro Tem.
ORDER DISTRICT COURT IN BANKRUPTCY.
In the District Court of the United States for the Western District of Mo. : In the matter of The Clinton and Kansas City Branch of the Tebo & Neosho Railroad-Bankruptcy.
At Court, City of Jefferson, in said district, on the 19th day of August, A. D. 1873, Western District of Missouri, ss. It now appearing to the Court that the publication ordered notifying all parties interested that an application for dismissal of proceedings herein had been filed, has been duly made, and also. all costs and charges in this cause and in the several issues arising out of the same have been fully paid, as also all officers' fees, no objection having been filed to such dismissal nor any person interested having appeared and objected to an order dismissing proceedings herein.
It is now ordered by the Court that said proceedings in bankruptcy pending
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HISTORY OF JACKSON COUNTY.
in this Court against the Clinton & Kansas City Branch of the Tebo & Neosho Railroad be and the same are dismissed.
[Seal.] Witness the Honorable Arnold Krekel, Judge of the said Court, and the seal thereof at the City of Jefferson, in said Dis- trict, on the 19th day of August, A. D., 1873. ALFRED S. KREKEL, Clerk of District Court for said District.
Be it remembered that on the Tuesday August 19th, 1873, in the District Court of the United States for the Western District of Missouri, the following, among other proceedings, were had to-wit :
In the matter of the Clinton & Kansas City Branch of Tebo & Neosho
1 Insolventary Bankruptcy Case 812-3. Railroad Company.
Morrison Mumford and James )
C. Babbit, Assigners.
William Christman and Jack- vS. Plaintiffs.
Bill in Chancery.
son County, Defendants. J
Now, on this day of the costs being paid by the Kansas City, Memphis & Mobile Railroad, it is ordered by the Court that this cause be and the same here- by is dismissed.
UNITED STATES OF AMERICA, WESTERN DISTRICT OF MISSOURI.
4)} ss
I, Alfred S. Krekel, Clerk of the District Court of the United States for the Western District of Missouri, hereby certify that the writing hereunto annexed is a true copy of the record of the dismissal in the cause, wherein Morrison Mum- ford and James C. Babbitt, assigners of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company, Bankrupt, are plaintiff, and William Chrisman and Jackson County are defendants, as the same remains of record in said case in this office.
In witness whereof, I hereunto subscribe my name and affix the seal of said county at office in the city of Jefferson, in said District, this 2d day of August, A. D. 1873.
ALFRED S. KREKEL, Clerk.
SEAL
"And afterward, to-wit : at the June term 1874, and on the 6th day of said month, amongst others, the following proceedings were had and made, viz :
" Whereas, This Court at its July term, 1873, made an order in relation to the completion of the gradation and masonry of the Kansas City, Memphis & Mobile Railroad from Kansas City in this county to Harrisonville in the county of Cass ; and in pursuance of the terms of said order the bonds therein men- tioned were placed in the hands of said Donnell, Lawson & Co., of New York, therein specified, who now hold the same or proceeds thereof; and,
" Whereas, Peter Soden and Patrick Soden, contractors, with said Kansas City, Memphis & Mobile Railroad Company, have done a large amount of work in said order provided to be done, which they claim to be due them from said company the sum of fifty-seven thousand, five hundred dollars, and for which they have a judgment against said company. And,
"Whereas, Divers and sundry persons and corporations who claim to be creditors of said company have instituted suits in the State and county of New
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HISTORY OF JACKSON COUNTY.
York against said company in said State and county of New York, and are seek- ing to subject the said bonds or proceeds thereof to the payment of their said claims, and in order to prevent the same from being done, the county has also instituted certain suits in said county and State of New York, and which last suits are now pending. And,
"Whereas, Said company has also been adjudicated a bankrupt by the Dis- trict Court of the United States for the Western District of Missouri.
Now Therefore, With a view to avoid further suits, litigation, delay, and to the end that said road may and shall be completed, it is ordered as follows : It is agreed by the County of Jackson, the said railroad company and said Sodens, that when and so soon as the said company or any one for it shall cause all of the said suits and proceedings so brought or pending against it in the State and county of New York to be dismissed, and said bonds and proceeds thereof to be relieved from any and all of the said claims, and the said proceedings in bankruptcy to be dismissed, and the proper evidence of such dismissal of all of said proceedigns to be filed in this Court, then the Court will cause the said suits so brought by the county to be dismissed and will also cause to be turned over Soden Brothers' bonds at eighty cents on the dollar or the proceeds thereof to the amount of their said debt, interest and cost as aforesaid, and will also cause to be turned over to the Continental Bank Note Company at eighty cents on the dollar or proceeds thereof to the amount of its judgment, in payment of the claims against said railroad company and will also cause to be paid to W. F. Chittenden in payment of his claim against railroad company bonds at eighty cents on the dollar or proceeds thereof to the amount of his judgment and warrants, being the claims on the Lillie & Co. and Morther warrants amounting not to exceed $5,600, with interest and costs to be added. And will also cause to be turned over to said railroad company an amount of bonds or proceeds thereof not to exceed $3,000 to be used solely in payment for services rendered by the engineers of said rail- road company since the date of the aforesaid order and for no other purpose, and $1,000 of said bonds at eighty cents on the dollar or proceeds thereof to the amount of $1, ooo shall also be turned over to the treasurer of Jackson county to be by him used in defraying the costs received by this county in the said suits by it brought as aforesaid ; the remainder of said bonds or proceeds thereof to be used and applied as hereinafter provided for and are hypothecated for said pur- poses alone, and to be held in trust therefor.
And in consideration of all which, and for such other consideration as may be agreed upon by said railroad company and the said Sodens' covenant, and agree to and with the County of Jackson, to proceed at once and do and complete the entire gradation, and repairing the old road bed of said road from Kansas City to Harrisonville, over the line and in such manner as is specified in their proposition heretofore, filed and proposed; and so soon as said gradation and repairing shall be fully completed from Kansas City to Belton, then an estimate of the work done in all by the said Sodens since the last estimate shall be made by such engineer as shall be selected and agreed upon by this court, the said company and said Sodens, at prices specified in the present contract of said So- dens with said company, except earth-work in repairing old road bed, for which forty (40) cents per cubic yard shall be allowed, and a sufficient amount of said bonds at eighty cents on the dollar, or proceeds thereof, if enough, there shall be paid over to said Sodens to pay said estimate; and another like estimate shall be made when said Sodens shall have fully completed all work to a point equi-dis- tant between said Belton and Harrisonville, and another like payment made if enough there be of said bonds, or the proceeds thereof, remaining.
And when said Sodens shall have fully completed said work to Harrison- ville, another like estimate shall be. made, and paid for as before mentioned, if enough there be of said bonds or the proceeds thereof remaining ; but in no
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HISTORY OF JACKSON COUNTY.
event shall this county be liable or bound to pay any other amount of money or bonds than is left in the hands of said Donnell, Lawson & Co. after the payments hereinbefore first provided for.
And if the said bonds or the proceeds thereof shall be exhausted at or be- fore the completion of said road to any one of the aforesaid points, the said So- dens bind themselves to do and complete such work, as in their proposition em- bodied in preliminary order throughout, and rely wholly and solely on said com- pany for the payment of any and all deficiencies. Said work shall be prosecuted with all reasonable diligence, and completed to said Harrisonville by the Ist of December next, as provided, and conditions in the proposition of Soden Brothers embodied in preliminary order of court.
Before this order or any part thereof shall take effect or be in force, the said Sodens, with securities to be approved by the court, shall file herein their bond to the County of Jackson, in the sum of one hundred thousand dollars, condition- ed for the faithful fulfillment and performance of each and every and all the pro- visions and conditions of this order, on their work provided to be done and perform- ed, and the Kansas City, Memphis & Mobile Railroad Company shall likewise file therein its written acceptance of all the terms, conditions and provisions of this order. The necessary engraving expenses to be paid at times of making esti- mates and paying same ; said road to be repaired and completed as now located, and at present width of old road bed, to wit-nine feet on surface. The said Soden Brothers also agree, on the terms aforesaid, to repair the third-class mason- ry of culverts to Bolton, in Cass county. It is further agreed that in completing the gradation of the road bed from Belton to Harrisonville, that where culverts are out of repair a gap may be left, as may be required by the engineer in charge of the right of way in Jackson county, to be provided for as in the order of July, 1873, Judges Yager and Mason dissenting.
In pursuance of the power and authority conferred upon us by the Board of Directors of the Kansas City, Memphis & Mobile Railroad Company, by a resolution dated and adopted May 26th, 1874, we hereby accept the terms of settlement and contract with Soden Brothers, and all the provisions and condi- tions of the trial order of the Jackson County Court, made and ordered to be recorded on the 6th day of June, 1874, in regard to the payment of the balance of the subscription of Jackson county and the completion of the road bed of said Kansas City, Memphis & Mobile Railroad on the terms and in the manner in said trial and preliminary orders of said county court, as modified and adopted, is provided, and on the part of said Kansas City, Memphis & Mobile Railroad Company, and in pursuance of the authority vested in us by the aforesaid reso- lution of the Board of Directors, we hereby accept, consent to ratify and confirm said agreement and settlement as provided in said trial order and preliminary order of said County Court of Jackson county, and hereby consent and agree, on behalf of said railroad company, to carry out and perform all the requirements and conditions of said preliminary and final order of June the 6th, 1874. ROBT. T. VAN HORN, A. D. SADIEE, JOHN W. POLK, Committee.
Appointed by the Board of Directors of the Kansas City, Memphis & Mobile Railroad Company to complete and ratify the settlement with Jackson county.
KANSAS CITY, Mo., May 20th, 1871.
To the Committee of Construction of the Clinton & Kansas City Branch of the Tebo & Neosho Railroad :
GENTLEMEN :- We propose to do the work of gradation and masonry on the first ten (10) miles of your road at the following rates, namely :
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HISTORY OF JACKSON COUNTY.
Earth excavation per cubic yard . $00 243/4
Solid rock excavation per cubic yard . 1 15
Loose rock excavation per cubic yard . 0 75
Tunnel work per cubic yard . 3 25
Third class masonry per cubic yard Chopping and clearing per acre 35 00 4 00
Extra haul (this is after first 100 feet) at the rate of one cent per cubic yard for each additional 100 feet.
Respectfully, &c., P. SODEN & BRO.
The foregoing bid was accepted by the Construction Committee of the Clinton & Kansas City Branch of Tebo & Neosho Railroad, and afterward adopted and sanctioned by the Kansas City, Memphis & Mobile Railroad Com- pany, and reduced to contract June 5, 1874.
A. D. LADUE, General Superintendent.
Now at this day comes P. Soden & Bro. and file herein their bond as mentioned in the foregoing order, which said bond is in words and figures fol- lowing, to wit :
Know all men by these Presents, That we, Peter Soden and Patrick Soden, under the firm name of Peter Soden & Brother, as principal, and Bernard Don- nelly, Michael Diveley, Francis Foster, C. J. White, J. W. Cook, Amos Green, as securities, are held and firmly bound unto the Kansas City, Memphis & Mobile Railroad Company and the County of Jackson, in the sum of $100, 000, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents, signed and sealed, this 2d day of June, A. D. 1874. Now the conditions of the above obligation are such that, whereas, the above named Peter Soden & Bro. have entered into a contract with said Kansas City, Memphis & Mobile Railroad Company for the completion of the gradation and repairing of the road bed of the Kansas City, Memphis & Mobile Railroad from its starting point on the Santa Fe switch in or near Kansas City in the County of Jackson, to the town of Harrisonville in the Coun- ty of Cass. Now, if the said Peter Soden & Bro. shall complete the gradation and repairing of said road bed according to the terms and stipulations of their said contract, and in the manner and within the time therein specified, and fully perform and keep said contract on their part, then this obligation to be void, else to remain in full force and effect.
PETER SODEN, SEAL SEAL
PATRICK SODEN,
BERNARD DONNELLY, SEAL MICHAEL DIVELEY, SEAL FRANCIS FOSTER, SEAL
C. J. WHITE, SEAL
J. W. COOK, SEAL
AMOS GREEN.
SEAL J
Which said bond bears the following indorsements.
Approved by the court June term, A. D. 1874.
E. R. HICKMAN, Clerk.
The court nominates Charles H. Knickerbocker as the engineer of the Kansas City, Memphis & Mobile Railroad Company.
And afterward, to-wit: at the June adjourned term and on the 23d day of said month amongst others the following were had and made, viz. :
It is ordered by the county court that Donnell, Lawson & Company out of 14
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HISTORY OF JACKSON COUNTY.
the bonds of Jackson county on deposit with their pay to Peter Soden & Brother the sum of fifty-nine thousand, six hundred and eighty dollars and twenty-five cents in bonds at eighty cents on the dollar, or if said bonds are sold pay said sum of ($59,680.25) in money out of the proceeds of sale, also that they pay to the Continental Bank Note Company, of New York, the sum of $2,000 and in- terest, and costs in bonds at eighty cents on the dollar, or if sold pay said sum in money ; also that they pay to John J. Mastin & Company so much of the judg- ment in favor of W. F. Chittenden as is owned by said John J. Mastin & Com- pany ; and also pay to James Campbell the sum of three thousand dollars in bonds at eighty cents, or if sold in money, to be applied by said Campbell to paying pro rata the amount due the engineer corps, said amount to be paid by said Donnell, Lawson & Company so soon as the attachment suits now pending against said bonds are dismissed and discharged as to said bonds, and the leases, if any created thereby discharged, so as to release said bonds from all lease by reason thereof, said amount to bear interest until paid, except the three thousand dollars to James Campbell from the date of this order, and a certified copy of this order indorsed by the parties to whom said amounts are respectively payable, shall be sufficient authority to said Donnell, Lawson & Co. for paying, and a re- ceipt to them or voucher against Jackson county. The one thousand dollars also to be paid the treasurer of Jackson county, to be applied as fees of said county and expenses and costs, same as the foregoing amounts.
The Mastin's judgments amount to $4,300. The county to dismiss its suit as soon as Judge Barbour, the attorney of Jackson county, is satisfied that the attachment leases on the bonds are all discharged. The dismissal of the bankrupt case also to be complete before any payment is made, and a certified copy of such dismissal to be presented to Donnell, Lawson & Co. before paying any of the aforesaid amounts. The right of way through Jackson county to be provided for out of funds with Donnell, Lawson & Co. if the amount now in the Mastin bond is insufficient to pay the same as per order of July, 1873.
And afterward at the July term, 1874, and on the 9th day of said month amongst others the following proceedings were had and made, viz :
Ordered by the court that Honorable John M. Barbour, of the City of New York, attorney, employed by this court to institute and prosecute certain suits in the name of Jackson county against the Continental Bank Note Company, W. F. Strickland, - Strickland, the Kansas City, Memphis & Mobile Rail- road Company and Donnell, Lawson & Company, bankers, of the City of New York. Which said suits are now pending in the Supreme Court, of said City of New York, be, and is hereby authorized and directed to dismiss said suits so soon as he is satisfied that all the suits now or hereafter pending in the courts of the county and State of New York against said Kansas City, Memphis & Mobile Railroad Company have been dismissed and the bonds of the County of Jackson and the proceeds thereof now in the hands of said Donnell, Lawson & Co. are fully and entirely released from any and all claims sued upon in said last n med suits, and that the proceedings in bankruptcy in the District Court of the United States for the Western District of the State of Missouri against said Railroad Company be discharged therefrom.
Ordered by the court that Donnell, Lawson & Co., bankers, of the City of New York, be, and they are hereby authorized and directed out of the proceeds of the bonds of Jackson county now in their hands, which by an order of this court, made on the 23d day of June, 1874, was directed to be paid into the county treasury to pay fees, expenses and costs in certain suits brought by said county in the Superior Court, of New York, they pay all such costs as may be required to be paid before the dismissal of said suits, and report the amount so paid to this court, and this order shall be then sufficient authority for paying the same.
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HISTORY OF JACKSON COUNTY.
And afterward, to-wit: at the October term, 1874, and on the 26th day of said month amongst others, the following proceedings were had and made, viz : In the matter of the Kansas City, Memphis and Mobile Railroad Company.
This day comes the said Kansas City, Memphis and Mobile Railroad Company, also Peter Soden & Brother, and file the estimate for work done in completing the gradation of the Kansas City, Memphis & Mobile Railroad to Belton, in the County of Cass, under the contract heretofore made and entered into between the County of Jackson, said railroad company and said Peter Soden & Brother, which estimate amounts to the sum of $52, 151 24; and also the account for engineering expenses under said contract, which said account amounts to the ag- gregate sum of $4, 730 90. And the Court having duly signed, and attested by the engineers, and the Court being satisfied by their correctness ; and it is also further appearing to the Court that the estimate of said Soden & Brother and said en- gineers' accounts exceed the residue of the subscription of Jackson county now receiving the hands of Messrs. Donnell, Lawson & Company, of No. 92 Broad- way, New York, in the bonds of Jackson county or their proceeds if sold.
It is therefore ordered by the Court that said Donnell, Lawson & Co., on the presentation, by said Peter A. Soden & Brother, of a duly certified copy of this order, pay to said Soden & Brother all the remaining bonds of Jackson coun- ty now in their hands; or, if sold, the proceeds thereof, and the said certified copy of this order so presented by said Soden & Brother with their receipt there- on shall be a full and complete voucher and discharge to said Donnell, Lawson & Co. from all liability under their said trust for said bonds and their proceeds; and it is also ordered that said Soden & Brothers pay over to said engineers the amount of said engineers' account in bonds at eighty cents on the dollar, or if sold, in money. Also that the said Kansas City, Memphis & Mobile Railroad Company file with the Clerk of this Court a receipt in full for the subscription of said County of. Jackson, and that said county be and is hereby released from all further liability under its said subscription, and all contracts made in reference thereto, both to said railroad company and to said Soden & Brother, this being a full and final settlement of said subscription of Jackson county, so far as the county is concerned, of all liability on her part under the aforesaid contract with Peter Soden & Brother."
And on the 27th day of October, 1874, the following proceedings were had and made, viz .:
Received of the County of Jackson for and in behalf of the Kansas City, Memphis & Mobile Railroad Company, three hundred thousand dollars in bonds, at their face, being in full of the subscription of said county to the Tebo & Neosho Railroad Company to aid in the construction of the Clinton & Kan- sas City Branch, and which last named Branch road was afterward sold and with all its assets stransferred to the Kansas City, Memphis & Mobile Railroad Com- pany. This receipt to cover all former receipts.
Witness our hands officially and the seal of the company this 27th day of Oct., 1874.
W. O. MEAD, Secretary. R. T. VAN HORN, President. By HENRY S. LA DUE, Secretary Pro Tem.
I, William J. Hickman, Clerk of the County Court, within and for the coun- ty and State aforesaid, do hereby certify that the foregoing is a full and complete transcript of all the proceedings in the matter of the subscriptions of Jackson county to the Clinton & Kansas City Branch of the Tebo & Neosho Railroad Company as fully as the same appears of record in my office.
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