Appendix — Shultz v. Manufacturers & Traders Trust Co.

Supreme Court brief1942

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APPENDIX A.

New York Civil Practice Act, §53, governing causes in

equity (Hanover v. Morse, 270 N. Y. 86 at 89), provided

in 1928, and still provides that:

‘‘An action, the limitation of which is not specifically

prescribed in this article, must be commenced within

ten years after the cause of action accrues.”’

Where the equity cause arises out of an actual fraud, the

accrual of the cause of action is postponed until the fraud’s

discovery. (Hanover v. Morse, 270 N. Y. 86 at 91).

In 1928 New York Civil Practice Act, $48 prescribed a

limitation of six years in:

‘1, An action upon a contract obligation or liabil-

ity express or implied * * *.”’

* *- * * *

‘*3. An action to recover damages for an injury to

property*® ° °.”?

‘5, An action to procure a judgment on the ground

of fraud. The cause of action in such a case is not

deemed to have accrued until the discovery by the

plaintiff, or the person under whom he claims, of the

facts constituting the fraud.’’

oe,

C/i- CED 18

IN THE CHARLES free

Supreme Court of the United States

October Term, 1942.

No. 4 04

WYATT D. SHULTZ and CAROLYN SHULTZ, as Co-

Executors under the Last Will of Albert B. Shultz,

Deceased,

Petitioners,

vs.

MANUFACTURERS & TRADERS TRUST COMPANY,

Individually and as Co-Executor under the Last Will

of Albert B. Shultz, Deceased, et al.,

Respondents.

PRINCIPAL EXHIBITS REFERRED TO IN PETITION

FOR A WRIT OF CERTIORARI TO THE UNITED

STATES CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT.

Exiswortu C. Avorn,

Jugs C. Ranpat,

Petitioners’ Counsel.

BATAVIA TIMES, LAW PRINTERS,

BATAVIA, N.Y.

Table of Contents

This pamphlet contains copies printed for the court’s convenience of those

original exhibits (duly filed with the clerk of this court pursuant to order

of Hon. Harold P. Burke, D. J.) deemed essential to passing on this peti-

tion. These exhibits are submitted in chronological order. A numerical

index follows:

Exhibit

Number Description

P-54 Carbon of letter Eastman-Dillon to the Bank, dated July 23, 1928.

P-56 Carbon of letter Eastman-Dillon to the Bank, dated July 27, 1928.

P-57 Letter from the Bank to Eastman-Dillon, dated Aug. 13, 1928....

P-58 Carbon of letter, Eastman-Dillon to the Bank, dated Aug. 17, 1928.

P-59 Carbon of letter Eastman-Dillon to the Bank, dated Aug. 31, 1928.

P-60 Letter from the Bank to Eastman-Dillon, dated Sept. 4, 1928....

P-61 Letter from the Bank to Eastman-Dillon, dated Sept. 4, 1928....

P-62 Letter from the Bank to Eastman-Dillon, dated Sept. 6, 1928....

P-98 Instrument of Sept. 26th, as executed ...............0ecceeeee

P-99 Predecessor draft of Ex. P-98, drawn by Rea .................

P-100 Working notes made in connection with redrafting of Ex. P-99

Eeluse NGGGG Of GIS GT TROUGE © OCR. i 55655 ou cacy ce otcann stern

P-102a Carbon of cable sent by Rea over Chisholm’s name to decedent,

ORO: SNE: a * Prion e's cae Weeh oh she be R an Sheet leek bee cye

P-104a Copy of decedent’s cabled reply on Sept. 29, 1928 to Ex. P-102a

P-105a Copy in Chisholm’s hand of 137-word cable sent by him to

COSCO ck CR Bis civic 5. Rin coe nnn peceve

P-106a Postal Telegraph-Cable Co.’s receipt dated Oct. 1, 1928, for its

charges in: transmits “He. PHP si ssi cisics, eadaeciiess

P-108 Decedent’s cabled reply to Ex. P-105a, dated Oct. 2, 1928.......

P-112 Agreement dated Oct. 11, 1928, between Cooley and the Bank’s

ORR boas Fae ew ES pine EN neato Uhip ee bekiredh Nhu t ex ote lunens

WR ON War eae seo N65 Eee VERS EON SANSTRD EMG ROS LEEL ONC OED

P-116b Sample depositary receipt issued Oct. 22, 1928, to Houde’s

ge A ME, ETRE TIT CE CTO ee

P-130 Sample receipt drawn by Bank and signed by Houde’s stock-

holders on Oct. 24, 1928 (Identical with Ex. C to Complaints)

P-140 Receipt drawn by the Bank and signed by decedent dated Dec.

6, 1928, in full of purchase price of his stock ................

P-141 The Bank’s letter to decedent, dated Dec. 6, 1928, accounting

for. items receipted: fof in: Ee: P80 sos cv os casiccwseraricesie

P-520 Letter from the Bank to Eastman-Dillon, dated July 26, 1928.....

P-542 Receipt drawn by the Bank and signed by decedent, dated Oct.

24, 1928, and bearing the Bank’s guaranty of payment in full to

decedent on demand of deferred portion of the purchase price

FOE TO QIOGS oakscs vi daw eign sue Cree heot ere tere eke Geksoe vent

D-4 Counterpart of syndicate agreement made “as of” Nov. 1, 1928,

signed by decedent and ten directors of the Bank .............

Exhibit C to Complaints (for description, see Ex. P-130)

is printed at page 21.

[Plaintiffs’] Exhibit P-54.*

(Received in evidence 11/15/40)

July 23—1928

Mr. George Rea

Manufacturers & Traders Peoples Trust Co.

Buffalo, N. Y.

My dear George:

Following our telephone conversation on Friday, I talked

to my people in Detroit and find a very definite interest in

the Houde Engineering Company.

I had expected to come to Buffalo tomorrow with the

President of the interested company, but find that he will

be out of town until the end of this week.

I agree with you entirely that it will be much more satis-

factory at this stage for you to sound out this situation

rather than bring in Eastman, Dillon & Co. or the potential

purchaser direct. For a number of reasons which I have

not explained to you, I believe that there may be an oppor-

tunity to work out something here which would be very

profitable to both companies.

As I may have told you over the telephone, if a purchase

were consummated of the Houde Engineering Co., other

negotiations which the Detroit Company has under way at

the present time would result in a substantial piece of

financing, and we would naturally talk to you people

about it.

If you have a recent balance sheet of the Houde Co.

which you can conveniently send to me, I would appreciate

it. Later in the week I will advise you when I expect to

be in Buffalo.

With kind regards, I am

Yours very truly,

GNB:s

* Bears exhibit mark in previous litigation, and identified 4/3/40 as Ex. P-54

on depositions herein.

[Plaintiffs’] Exhibit P-520.*

(Received in evidence 11/16/40)

Manuracrurers & Trapers—Propues Trust Company

Buffalo, New York

July

26th, 1928

Mr. George N. Buffington,

Eastman Dillon and Company,

Chicago, Illinois.

My dear George:

Thank you very much for your letter this morning. Its

contents are certainly interesting, and I sincerely hope that

our mutual efforts may result in successful negotiations,

As I told you over the telephone, I am perfectly sure that

everybodys interests are best served by allowing us to

make the approach to the Houde Company, and that in view

of our other negotiations of three months ago, and the hope

that we have for further negotiations at the end of this year

on the part of yourself, George Courtelyou, and ourselves,

I think it would be very bad to go off half-cocked and talk

with them unless every evidence of serious interest was

demonstrated on the part of a possible purchaser.

Every dream that the owners of the company had six

months ago for the consummation of a very profitable

operation has been exceeded. It is stated that their profits

will run at the rate of $1,500,000 a year, and this is very

distinctly evidenced by their current large reductions in

their bank loans to us.

I have evidences of the fact that the minds of the prin-

cipal owners are still working along the line as when you

and I last talked to them; namely that some sort of a sell

out and enjoyment of some of their earned principal while

they are still young enough to enjoy it appeals to them

strongly, and I am quite certain in view of the last months’

experience, however, that their ideas of price are apt to be

* Bears exhibit mark in previous litigation; carbon is Ex. P-55 for identi-

fication.

substantially larger than when we talked with them before.

This is, of course, quite proper, as they have demonstrated

the truth and soundness of their guess at that time.

I am sorry not to comply with your request for a recent

balance sheet. They make no public statements, as you

know, and though we are in touch with their figures con-

stantly, it seems to me that it would not be ethical to turn

over to anyone such figures as we have through our banking

connection without their consent.

I should think that the plan of procedure should more

properly be carried out as to first having the talk here in

Buffalo with the President of the Detroit company, and

yourself, and then for us to attempt to get a definite price,

or option, and thereafter disclose the name of a possible

purchaser with the privilege and necessity of showing to

them as complete figures as we did in the previous negotia-

tions.

It is awfully nice to be in touch with you again, and I

shall look forward to hearing from you when your plans

have progressed.

With very best regards, and assuring you of a welcome

in Buffalo at any time, I am

Sincerely yours,

Grorce P. Rea

GPR :GW

[Defendants’] Exhibit P-56.*

(Received in evidence 11/19/40)

July 27—1928

Mr. George Rea

Manufacturers & Traders Peoples Trust Co.

Buffalo, N. Y.

My dear George:

I received your letter of July 26th this morning regard-

Ing the Houde Company, and entirely agree with you that

*Bears exhibit mark in previous litigation, and identified 4/3/40 as Ex. P-56

on depositions herein.

our interest can be best served by allowing you to approach

Mr. Schultz.

I expect to talk to my people in Detroit on the telephone

tomorrow, to see if it will be possible to arrange a meeting

in Buffalo the early part of next week. I can assure you

that this is more than a passing interest with my friends, but

I, of course, do not know how far he would go with Mr.

Schultz, if he is projecting his ideas of price entirely on the

last three months earnings. However, I am convinced that

this is a situation which warrants further discussion by the

principals.

With kind personal regards, I am

Yours very truly,

GNB:S

[Defendants’] Exhibit P-57.*

(Received in evidence 11/19/40)

Letterhead of

Manuracturers & TrapERs-ProrLes Trust CoMPANY

Buffalo, New York

August 13th, 1928

Mr. George Buffington

Eastman, Dillon and Company

Chicago, [llinois.

Dear George:

Have had a preliminary conversation this morning with

Mr. Schultz and find that his attitude is, in general, as I

reported it to you. I do not think there is any question but

what a cash offer of a price that seems reasonable to him

could purchase the business in that manner.

Mr. Chisholm is away until Labor Day, and was not at

the meeting this morning, and as the conversation devel-

oped it seemed to me bad psychology to crowd him to the

point of definitely talking price, or option, in this first con-

* Bears exhibit mark in previous litigation, identified on 4/3/40 as Ex. P-57

on depositions herein,

—_—

yersation. I had hoped that in our very first talk we might

have reached this point, but, as I say, as the conversation

developed I felt it best to go a little slow.

Mr. Chisholm’s absence is not going to be a factor, be-

cause he can be brought back to Buffalo, if necessary, but I

am sure he will agree to anything that Schultz agrees to.

I am leaving my office within a few minutes, going to the

hospital to have my tonsils out, which will lay me up for a

few days, and I hope not longer than that. Immediately

upon my return it was left that Mr. Schultz would come

down to the bank for luncheon, and give me an opportunity

to at that time talk definitely with him as to an option, and

as to a definite price.

You inquired about the Spicer Mfg. Company. They are

making Houde instruments at the present time for Ford,

and have discussed informally with Schultz his attitude

and reaction toward a possible merger of the two com-

panies. This is not in any stage where it is a matter of

concern to us, and I am sure that nothing of this sort could

possibly take place to upset our plans.

You will hear from me again as soon as I have anything

further to report.

With very best regards.

Sincerely,

GEORGE

GPR:GW

[Defendants’] Exhibit P-58.*

(Received in evidence 11/19/40)

August 17—1928

Mr. George Rea

Manufacturers & Traders Peoples Trust Co.

Buffalo, N. Y.

My dear George,

I was sorry to hear that you have been laid up but know

* Bears exhibit mark in previous litigation, and identified 4/3/40 as Ex. P-58

on depositions herein.

that you will feel much better, now that you have had your

tonsils removed.

I was very glad to know that you were able to find time to

see Mr. Shultz, and I will appreciate it very much if you will

advise me immediately as the matter develops further,

Looking forward to an opportunity of seeing you again in

the very near future, I am

Yours very truly,

GNB:S

[Defendants’] Exhibit P-59.*

(Received in evidence 11/19/40)

August 31, 1928

Mr. George Rea

Manufacturers & Traders Peoples Trust Co.

Buffalo, New York

My dear George:

Following my telephone conversation with you a week ago

Friday, I talked with Mr. Glover again, and he seems quite

anxious to have certain information which I have been un-

able to give him, regarding the Houde Engineering Com-

pany.

As I told you when I originally talked to you, they have

one or two other plans in mind on which they are working,

and Mr. Glover intimated to me that one situation had

progressed to a point where they would have to make a

decision in the near future. I appreciate fully the way you

have handled the matter to this point and realize the wis-

dom in not appearing anxious with Mr. Schultz, but I do be-

lieve that if possible we should be in a position to discuss

something quite definite with Mr. Glover within the next

week or ten days, if we expect him to become actively in-

terested in acquiring the business.

* Bears exhibit mark in previous litigation, and identified 4/3/40 as Ex. P-59

on depositions herein,

I am merely bringing this to your attention to keep you

posted upon my negotiations with the people in Detroit to

date.

With kind regards, I am

Yours very truly,

GNB:S

[Defendants’] Exhibit P-60.*

(Received in evidence 11/19/40)

Letterhead of

Manuracturers & Trapers-ProrLes Trust Company

Buffalo, New York

September 4th, 1928

Mr. George Buffington

Eastman, Dillon and Company

Chicago, Illinois

Dear George:

Thank you very much for your letter today. I appreciate

exactly your position with Mr. Glover, and we are moving

to a definite point with Schultz just as fast as we can.

Thad already tried this morning, before your letter came,

for an appointment with him this afternoon, only to find

that they were not back yet, but expected tomorrow. I

have to be in New York tomorrow, but that should mean

that we should be able to consummate another appointment

not later than Thursday, or Friday.

I shall report again the moment that there is something

to say.

With very kind regards.

Sincerely,

GroRGE

GPR :GW

* Bears exhibit mark in previous litigation, and identified 4/3/40 as Ex. P-60

on depositions herein.

[Defendants’] Exhibit P-61.*

(Received in evidence 11/19/40)

Letterhead of

Manuracturers & Travers-PeopLes Trust Company

Buffalo, New York

September 4th, 1928

Mr. George Buffington

Kastman, Dillon and Company

Chicago, Illinois

Dear George:

Since writing you this morning I got in touch with Mr.

Schultz, who refuses to do anything without consultation

with Mr. Chisholm. Mr. Chisholm it now seems is not go-

ing to be here until sometime Thursday. Also Mr. Schultz

has suddenly decided to take a month’s vacation in Europe,

and leaves for that purpose Thursday night.

We have urged Mr. Schultz strongly in every way that we

could think of to get in touch with Mr. Chisholm by wire, or

by telephone, so that we could function, but this he flatly

refuses to do, and says that he will not discuss a definite

option, or a definite price with us until he has had a chance

to sit down and calmly talk it over with Mr. Chisholm,

We are going to make every effort to get them together on

Thursday, and it is conceivable that we will be successful.

We shall do everything possible, but it is a very bad break,

and may, of course, mean the impossibility of a definite

option for another month.

I shall report to you by telephone on Friday.

Sincerely yours,

GEORGE

* Bears exhibit mark in previous litigation, and identified 4/3/40 as Ex. P-l

on depositions herein.

[Defendants’]Exhibit P-62.*

(Received in evidence 11/19/40)

Letterhead of

Manuracturers & Trapers-PropLes Trust Company

Buffalo, New York

September 6th, 1928

Mr. George Buffington ;

Eastman, Dillon and Company

Chicago, Illinois

Dear George:

I tried to wire you this afternoon about 4:30 over your

wire; also tried to telephone you at your Chicago office,

but found you had gone for the day. It is true that things

are not very busy, but I wish I had a plutocratic 4:30 job

myself.

Ihave very bad news to report, for which I am very sorry,

but there is no way of avoiding it. It is just one of those

bad breaks that come. Mr. Chisholm was delayed en route,

and did not return today. Mr. Schultz leaves, according to

schedule, for his vacation in Europe tonight—once more

absolutely refusing to talk definitely without Mr. Chisholm

here. I tried very hard to have him use wires, or telephone,

but to no avail. He simply would not function without hav-

ing a conference with Mr. Chisholm.

Not a thing can be done now until Mr. Schultz returns

October Ist. Whether you can stall until then or not, I do

not know, but hope that perhaps you may find it wise to try,

because I am hopeful that an option at a reasonable price

can be obtained when Mr. Schultz gets back.

With best regards.

Sincerely,

GrorGE

*Bears exhibit mark in previous litigation, and identified 4/3/40 as Ex. P-62

on depositions herein.

[Plaintiffs’] Exhibit P-98.*

(Received in evidence 10/29/40)

September 26th, 1928,

In consiperaTion of $1.00 receipt of which is hereby ae.

knowledged, we the undersigned stockholders of the Houde

Engineering Corporation, hereby give to Krauss & Com-

pany, for a period of thirty (30) days from the date hereof,

the right to purchase all the stock of the Houde Engineer-

ing Corporation at a price of ($4,000,000) Four Million

Dollars in total. This option can only be exercised by the

payment of cash before its expiration.

It is understood that the net assets of the Houde Engi-

neering Corporation, when, as, and if this option shall be

exercised will be at least equivalent to the position as set

forth in its balance sheet dated August 31st, 1928, and any

accrual in these net assets occurring since the close of

business August 31st, 1928 shall adhere to the vendors in

this option.

Inasmuch as Krauss and Company will act as a broker

in this transaction, it is also understood that in the event

of the sale of said stock being consummated, Krauss and

Company will be entitled to a commission from the pur-

chase price of 3%.

If stockholders owning not more than a total of 265

shares of said stock, who do not sign this option, refuse to

join in the sale at the price aforesaid, there shall be a re-

duction made in the purchase price of $1,640.19 per share

for each share of said stock which the undersigned shall be

unable to deliver to the purchasers.

It is understood that the name of A. B. Shultz is signed

hereto in pursuance of verbal authority given by him to

negotiate a sale of said stock.

A. B. Suuurz,

By G. H. Chisholm.

* Identified 4/3/40 as Ex. P-98 on depositions herein, and bears exhibit

marks in previous litigation.

—

aoe

Grorcs H. CuisHoo,

V.-Pres.

Harry L. CuisHoim,

Treas.

B. D. Suvuurz,

Secretary.

J. N. Soutty,

V. P. Director.

[Defendants’] Exhibit P-99.*

(Received in evidence 12/3/40)

September 26, 1928

In Consmperation of $1.00, receipt of which is hereby

acknowledged, we the undersigned stockholders of the

Houde Engineering Corporation hereby give to Krauss &

Company, for a period of thirty (30) days from the date

hereof, the right to purchase all the stock of the Houde

Engineering Corporation at a price of ($4,000,000) Four

Million Dollars in total. This option can only be exercised

by the payment of cash before its expiration.

It is understood that the net assets of the Houde Engi-

neering Corporation, when, as, and if this option shall be

exercised will be at least equivalent to the position as set,

forth in its balance sheet dated August 31, 1928, and any

accrual in these net assets occurring since the close of

business August 31, 1928 shall adhere to the vendors in

this option.

Inasmuch as Krauss and Company will act as a broker

in this transaction, it is also understood that in the event

of this option being exercised Krauss & Company will be

entitled to a commission from the purchase price of 3%.

cee ee eee eee eee eee eeeee

PSL n et ee. eee ee ee oe 2

eee eee wee ee eee eee eseeee

*Bears exhibit marks in previous litigation and identified 4/3/40 as Ex. P-99

on depositions herein.

[Defendants’] Exhibit P-100.*

(Received in evidence 12/3/40)

It is understood that the name of A. B. Shultz is signed

authority to negotiate a sale. at said price

hereto in pursuance of verbal iistraetions , given by him

dete tetetete fe depen

If stockholders owning not more than a total of 265 shares

of said stock, who do not sign this option, refuse to join

in the sale at the price aforesaid, there shall be a reduction

made in the purchase-price of $1,640.19 per share for each

share of stock not delivered to the purchasers.

A. B. S. 1,125

jE 300

G. C. 300

BDS 28214x

131144 JS 1314

13144 FS 131%

262% H P 18144x

MecKaig 37%

Zw. 18144x

H. Est. 37%

2,176 SMS 37%

26234 Clair 20

2,438%4 2,43834

B5696-W

243834 1125

2438.75 600

1590 281144

—_—_—__- 131%

21948750 37%

1219375

243875 2175.

3,877,612.50

yes (?)

1,125

300

2821,

13114

18%

37%

18,

37%

371% 3714

PREIS 26234

2,176

2438.75

2175

263

* Identified 4/3/40 as Ex. P-100 on depositions herein.

Statement that Bert’s name is signed by verbal auth only

Commission only in case sale is made

Statement that if cannot deliver shares of any Sk not

signing there shall be a pro rata red in price.

2438.75) 4,000,000.00 (164.0-18

2 438.75

1 561 250

4244 370

44 845

1 463 250

98 000 0

97 550 0

2438.75 450 0000

164.01 243 875

2 438.75 206 1250

9755000 2438.75

1463250 164.01

243.875

24 38.75

39,9,97,9.38.75 9755 00 0

1 46325 0

2 43875

3,99979.38 75

[Plaintiffs’] Exhibit P-101a.*

(Received in evidence 10/29/40)

Buffalo, N. Y.

October 11, 1928.

Messrs. A. B. Shultz, George H. Chisholm,

Harry Chisholm, B. Shultz and J. Scully:

Dear Sirs:

Referring to the option dated September 26, 1928, which

you have given us for the purchase of all of the stock of

*Carbon copy identified 4/4/40 as Ex. P-101 on depositions herein.

Houde Engineering Corporation at a price of $4,000,000.00

we beg to advise you that we have secured as a purchaser

the New York Car Wheel Company of this City, which has

agreed to purchase said stock upon the terms of our option,

and has made available in our hands the sum of $4,000,000.00

therefor.

We accordingly notify you that we elect to exercise our

option as of this date, and tender you payment in full

upon delivery to us of all the stock of the Houde Engineer-

ing Corporation duly endorsed for transfer, less a possible

maximum of 265 shares, all as provided in our option.

We shall be glad to suit your convenience as to time and

place of delivery, and payment prior to October 25th, and

suggest that you promptly arrange with us for an early

closing.

Yours very truly,

Krauss & Company

By T. Cantwell

[Defendants’] Exhibit P-102a.*

(Received in evidence 10/30/40)

September 28, 1928

A. B. Shultz

Hotel Pierre Premier

Paris, FRANCE

Looks as if sale will go through if can take prompt action.

Price Four Million cash for all stock. All others have

agreed. Please cable me immediately authority to act for

you and Clare. No need hastening your return.

G. H. CutsHoum.

Fuut Rate Case

* Identified 4/4/40 as Ex. 105A on depositions herein.

AYR

[Defendants’] Exhibit P-104a.*

(Received in evidence 10/30/40)

Postal Telegraph

Cable form

9/29 1928

To Paris

Cables received George Chisholm arrange telephone me

Paris Louvre 07-91 Cable Pierre time of cable

Shultz

Reed

9 00

M.D.

W. F. Hennesy 79 Greenwood

Dave Bid. 4325

* Identified 4/4/40 as Ex. P-104-A on depositions herein.

[Plaintiffs’] Exhibit P-105a.*

(Received in evidence 10/28/40)

Postal Cablegram a ,

A. B. Shultz

Hotel Pierre Premier

Paris France

Manufacturers Bank trying to get best price possible acting

in our interests. Option four million cash minimum. Com-

mission three percent. Believe can effect sale now under

present financial and industrial conditions which may

change. We are pessimistic if delay necessary. Purchaser

would buy capital stock assuming all assets and liabilities

August thirty first. Profits since come to us in addition.

We feel future competition uncertain and all agree wise to

take sure thing. Any or all present organization remain if

wish. Purchaser’s attitude hope they stay. Please cable

"Identified 4/4/40 as Ex. 105a on depositions herein,

authority to act for you and Clare. Am afraid may lose

opportunity if wait your return. Prospects Timken Bendix

third party unknown.

(s) G. H. CutsHotm

[Plaintiffs’] Exhibit P-106a.*

(Received in evidence 10/30/40)

Message Memorandum

October 1 1928

PostaL TELEGRAPH-CaBLE CoMPANY

For convenience in verifying accounts,

please preserve the following items of

messages sent.

To 137 Worp Caste IncLupine PC $ CTS.

AND Five Worps PC Prepaip CaBLe

to A BSuutrz Paris

CaBLE $ 35 37

ACKNOWLEDGMENT OF RECEIPT 1 35

From

G H CuisHoLm

Total, $ 36 72

(Signature) Postal Tel Co.

Per C. Mason

* Identified 4/4/40 as Ex. P-106A on depositions herein.

[Plaintiffs’] Exhibit P-108.*

(Received in evidence 10/29/40)

TNYMN 650AM 15 Via Comui

Paris Ocr2 1928 1149AM

* Identified 4/4/40 as Ex. P-108 on depositions herein.

Grorce CHISHOLM ATLASTEEL

Burra.

Option as CaBLED Has Our ApprovaL

Osvin (leaving today for) SwITzERLAN

QJABEMEHUV (will return by Saturday)

Herp.

SHULTz

[Plaintiffs’] Exhibit P-112.*

(Received in evidence 11/5/40)

MemoranpuM in Re Houpe ENncineertnc Corporation.

On September 26th certain stockholders of the Houde

Engineering Corporation gave an option to Krauss & Com-

pany to purchase their holdings of stock in the Houde Engi-

neering Corporation; Krauss & Company, through Mr. Rea

secured the New York Car Wheel Company as the pur-

chaser of this stock.

It is the intention, and mutual understanding, of Messrs.

Harriman, Rea, and Wurst, of the Manufacturers & Trad-

ers-Peoples Trust Company, and Mr. Fred B. Cooley, Presi-

dent of New York Car Wheel Company, that in the event

of the death or disability of Mr. Cooley before the organiza-

tion of a syndicate hereafter mentioned Messrs. Harri-

man, Rea, and Wurst, will take over the obligation of the

New York Car Wheel Company to complete the purchase

of the Houde Engineering Corporation stock, and hold it

(The New York Car Wheel Company) harmless from all its

obligations in that respect; and Mr. F. B. Cooley, as Presi-

dent of the New York Car Wheel Company agrees for that

company, or its assigns, that in the event of his death or

disability, that Messrs. Harriman, Rea, and Wurst, shall

succeed to all the rights of the New York Car Wheel Com-

pany to purchase said stock.

*Bears exhibit marks in previous litigation as well as being identified on

4/4/40 as Ex. P-112 on depositions herein,

Rene i

It is the intention of the New York Car Wheel Company

presently to form a syndicate with the assistance of the

officials of the Trust Company, above mentioned, to take

over from it a substantial amount of the stock which the

New York Car Wheel Company has elected to purchase

under the Krauss & Company option; this amount to be

taken over from the New York Car Wheel Company to re-

lieve it of approximately the amount of $3,500,000.00 of a

total purchase of $4,000,000.00,

It seems best not to form this syndicate for possibly three

or four days from date, but the officials of the Trust Com-

pany have signified their ability and readiness to do so.

This memorandum is intended to set forth the intention

of the parties to it, in the event of the death, or disability,

of Mr. Fred B. Cooley, and prior to the formation of the

Syndicate as stated above.

Perry EK. Werst

Lewis G. Harrman

Grorce P. Rea

F. B. CooLey

October 11, 1928

[Plaintiffs’] Exhibit P-113.*

(Received in Evidence 11/19/40)

Buffalo, N. Y.

October 13, 1928.

Messrs. Lewis G. Harriman,

Perry E. Wurst,

George P. Rea.

Gentlemen :—

Through the agency of the Manufacturers and Traders-

Peoples Trust Company, which held an option to purchase

the stock of the Houde Engineering Corporation, the New

York Car Wheel Company, of which I own control, has un-

dertaken to purchase this stock at a price of approximately

* Identified 4/4/40 as Ex. P-113 on depositions herein.

$4,000,000.00 in accordance with the terms of the option held

in the name of Krauss and Company.

You individually, and personally, have undertaken to re-

lieve the New York Car Wheel Company of this obligation

to purchase, in case of my death, and you have also under-

taken to refinance the Houde Engineering Corporation for

me.

Negotiations are now pending for an immediate resale of

the stock of this corporation at a profit; thus obviating the

necessity of any refinancing, to a subsidiary of the General

Motors Corporation. These negotiations were instituted

by Mr. John R. Oshei, and if they are consummated it is my

intention to pay Mr. Oshei a proper sum for his services,

and after the other expenses are paid, it is ny intention to

divide the net profit as follows:

50% to the Manufacturers & Traders-People Trust Co.

and Western New York Investors, Ine. jointly

714% Mr. Harriman

744% Mr. Wurst

15% Mr. Rea.

retaining 20% myself.

In case this sale is not consummated, it is contemplated

that an underwriting syndicate be organized, in which we

shall participate individually, in which the bank and West-

ern New York Investors, Inc., will be permitted to par-

ticipate; and also such other individuals, and corporations,

as we shall agree upon, including—Central Trust Company

of Illinois, and Eastman, Dillon and Company, who were

originally interested in refinancing this corporation.

I expect such plan of refinancing to provide that 25% of

the net profit shall be retained by me and you as my associ-

ates, to be divided among us on the following basis:

15% Mr. Harriman

15% Mr. Wurst

30% Mr. Rea

40% Myself

(signed) F. B. Coorry.

[Plaintiffs’] Exhibit P-116b.*

(Received in Evidence 10/30/40)

Buffalo, N. Y., October 22nd, 1928.

Received or B. D. SHuttz

Certificate of stock representing One hundred (100) shares

of the Houpe Enaineerine Corporation, endorsed in blank,

to be delivered to New York Car Wheel Company or its

nominee when at least all of the outstanding stock of said

company, except two hundred sixty-five (265) shares, have

been deposited with the undersigned depositary. Delivery

is to be made pursuant to the terms of an option, dated Sep-

tember 26, 1928, given to Krauss & Company. The price per

share is to be at the rate of Four Million Dollars ($4,000,000)

for the entire issued and outstanding stock of said Houde

Engineering Corporation, in addition to such sum per share

as shall be certified to represent earnings since September

26th, 1928, as certified to the undersigned by Ernst & Ernst,

less a commission of Three percent. (8%) which is to be re-

tained by you and paid to Krauss & Co.

Manuracturers & Trapers-ProrLes Trust Company

By (s) Perry K. Wurst

Executive Vice President

Plaintiffs’ Exhibit P-542.+

(Received in Evidence 11/18/40)

October 24th, 1928.

Recetvep of New York Car Wheel Company, by Fred B.

Cooley, the sum of Two Hundred Fifty Thousand Dollars

($250,000.00), part payment on a total of One Million Hight

Hundred Eighty Four Thousand Ninety-one and 91/100 Dol-

lars, ($1,884,091.91), which is the full amount due me for

One Thousand One Hundred Twenty-five (1,125) shares of

* Identified 4/4/40 as Ex. P-116B on depositions herein.

t Identified 11/18/40 as Ex. P-542 on the trial herein.

the Capital Stock of Houde Engineering Corporation, sold

and delivered under the terms of an option dated September

26th, 1928, given to Krauss & Co., the three percent (8%)

commission allotted to the latter having been deducted from

the sale price. The balance is to be paid to me on demand,

except that I may be permitted to take stock of a new cor-

poration in part payment of the balance.

It is understood that I am repaying to Fred B. Cooley the

sum of Fifty Thousand Dollars ($50,000.00), being the

amount paid by him to settle the claim of Francis P. Seully

and James N. Scully against me.

(s) Avserr B. Suuurz

We undertake to see that payments are made to A. B.

Shultz, in accordance with the terms of the above receipt,

on demand.

Manvracturers & Trapers-ProrLes Trusr Company

By (s) Perry E. Wurst

Executive Vice President

Exhibit C to Complaints.*

‘October 24th, 1928.

Recetvep of New York Car Wheel Company, by Fred B.

Cooley, the sum of Two Hundred Nineteen Thousand Eight

Hundred Ten and 73/100....Dollars, ($219,810.73), in full

payment for one hundred thirty-one and one-quarter

(18144) shares of the Capital Stock of Houde Engineering

Corporation, sold and delivered under the terms of an op-

tion dated September 26, 1928, given to Krauss & Co., the

three per cent (3%) commission allotted to the latter hav-

ing been deducted from the sale price.

James N. Scutty.

*This exhibit was received in evidence as defendants’ Ex. P-130 on

10/30/40; it bears exhibit marks in previous litigation, and was identified

4/4/40 as Ex. P-130 on depositions herein, The answer of the Bank, Wurst,

etal, admits that this exhibit is similar in form to the receipts signed by the

other stockholders [1 51].

[Defendants’] Exhibit D-4.*

(Received in evidence 11/1/40)

SynpicaTte AGREEMENT

Hovupre ENGINEERING CorPoRATION SYNDICATE

November 1, 1928.

1. The Subscribers hereby associate themselves as, and

shall constitute, a Syndicate for the purpose of buying

from New York Car Wheel Company of Buffalo, N. Y,,

2438-34 shares, being all of the outstanding capital stock of

Houde Engineering Corporation at the cost of said stock

to said New York Car Wheel Company, and for the pur-

pose of supplying additional working capital to said Houde

Engineering Corporation. Said cost shall consist of:

(a) The actual price paid by said New York Car Wheel

Company for said stock, which is based on the total price

of $4,000,000.00 for all the outstanding stock of said Com-

pany, plus accruals from August 31st to October 11th, 1928,

(b) Interest, counsel fees, disbursements and all neces-

sary and proper expenses of New York Car Wheel Com-

pany incurred in the purchase and carrying of said stock.

The New York Car Wheel Company has deferred its

profit in the transaction as hereinafter provided.

2. The Subscribers shall participate pro rata in the Syn-

dicate to the extent of the amounts set opposite their re-

spective names, and agree to pay for subscriptions on call

of the Syndicate Managers, as hereinafter provided. The

Subscribers further agree, if the Syndicate Managers de-

termine that the Houde Engineering Corporation, or its

successor, requires additional working capital, to pay addi-

tional amounts pro rata, not exceeding twenty-five per cent

(25%) of their respective subscriptions as and when called

upon by the Syndicate Managers. All Participations are

* Identified 4/1/40 as Ex. D-4 on depositions herein. Exs. D-8, P-178/9 are

copies or carbon copies of this exhibit, except for names of syndicate sub-

scribers [v., I 494-5]

payable at the time and place designated in such call of the

Syndicate Managers, and calls not paid on the date so fixed

shall be charged with interest at the rate of six per cent

(6%) per annum,

3. The Syndicate Managers will issue to the Sub-

scribers Certificates of Participation in the Syndicate after

payments are made. Certificates of Participation shall be

in such form as the Syndicate Managers shall determine

and may, in the discretion of the Syndicate Managers, be

registered by such Trust Company as they may designate

as Registrar of such Certificates.

4. Frederick B. Cooley, Lewis G. Harriman and

are hereby constituted Syndicate Managers

under this agreement. In the event of the death, permanent

disability or resignation of any Syndicate Manager, his

place shall be filled by the remaining Syndicate Managers;

and upon the failure of the remaining Syndicate Managers

to fill any such vacancy or vacancies within sixty (60) days

after they occur, the majority in amount of participants

may fill the same by written designation delivered to the

Registrar, or to the holders of Certificates of Participa-

tions. Wherever the Syndicate Managers are referred to

in this agreement it refers to the Syndicate Managers

actually acting as such. The Syndicate Managers assume

no personal obligation or liability in the management of

the Syndicate and shall be liable only for their bad faith or

wilful misconduct.

5. The Syndicate Managers shall be vested with entire

and sole power to manage and conduct the Syndicate. With-

out limit upon the generality of the foregoing they shall

have and exercise all of the rights and powers of the Syndi-

eate as stockholders of Houde Engineering Corporation,

or any successor or other corporation in which the Syndi-

cate may own stock, to the full extent of all capital stock

at any time purchased or owned by the Syndicate. To that

end they shall have the right, if they shall deem it neces-

sary or advisable, to cause all Syndicate stock of Houde

Engineering Corporation, or any successor or other Cor-

poration, to be transferred to their names, but for the

benefit of the Syndicate. For the purpose of more effee-

tively vesting the specific powers above enumerated in the

Syndicate Managers each of the Subscribers does hereby

constitute the Syndicate Managers his or its true and law.

ful attorney, during the continuance of the Syndicate, in

his or its name, place and stead, to vote all stock of Houde

Engineering Corporation, or any successor or other Cor-

poration which may have been purchased and/or owned by

the Syndicate and distributed to the participants, as fully

as he or it could do if personally present, hereby ratifying

and confirming all acts or things done or performed by

virtue hereof. The Syndicate Managers shall have the

right to purchase, contract for the purchase, sell, repur-

chase and resell stock of Houde Engineering Corporation

and of its successors; to borrow money for account of the

Syndicate at such interest rates and upon such terms as

they may determine; to pledge or otherwise charge as

security for such borrowings, the assets of the Syndicate

in whole or in part, including any unpaid obligations of

the participants. The Syndicate Managers shall have the

right to organize or cause to be organized, or to join with

others in the organization of a Corporation under the

laws of such State as they may determine, and to transfer

to such Corporation all or any part of the Syndicate assets

in exchange for cash and/or stock in such Corporation.

The Syndicate Managers shall have the right to cancel and

forfeit to the Syndicate, or to resell, any Participation upon

failure of the participant to make payment of all of his

Participation when called in accordance with this agree-

ment, or upon the failure of any participant to perform any

part of his obligation hereunder. Failure on the part of

one participant to pay or to perform his obligation here-

under shall not relieve any other participant. The Syndi-

cate Managers may employe such agents, counsel and others

in whatever capacity as they may deem proper; all for

the account of the Syndicate and at its expense. The Syn-

dicate Managers shall act without compensation.

6. The Syndicate is organized for the period of one year

from its date, subject, however, to the right of the Syndi-

eate Managers to extend the same for a further period or

periods not exceeding one year from the expiration of said

original term by ten days written notice to participants.

The Syndicate Managers may, from time to time, distri-

bute shares of stock and/or any profits from the Syndicate

operation and the same shall be distributed pro rata to the

participants.

7. The Syndicate Managers may terminate this Syndi-

cate at any time upon ten (10) days’ notice to the par-

ticipants. Upon the expiration or termination of the Syn-

dicate, and after the payment of all Syndicate obligations,

the assets shall be distributed as follows:

Any assets other than cash, (including any assets there-

tofore distributed to participants) shall be appraised by the

Syndicate Managers to determine the basis of the cost

thereof to the Syndicate, in accordance with the Federal

Income Tax Law and Regulations controlling such cost

basis, for the purpose of determining the profit or loss re-

sulting from the Syndicate operation. Twenty-five per cent

(25%) of any net profit resulting from the Syndicate opera-

tion shall first be paid to New York Car Wheel Com-

pany, or its assigns, as its profit upon the sale of Houde

Engineering Corporation stock to the Syndicate; such pay-

ment to be made partly in cash and partly in other assets

(if any) at their value as appraised, in the proportion which

total Syndicate cash bears to total Syndicate other assets

at their value as so appraised (including any cash or other

assets theretofore distributed to the participants); pro-

vided, however, that in determining the amount of profits

for the purpose of arriving at the payment to New York

Car Wheel Company, no account shall be taken of any

sums paid in for additional working capital, and similarly

no account shall be taken of the net earnings of the busi-

ness, whether distributed by way of dividends or not. All

assets of the Syndicate remaining after such payment to

New York Car Wheel Company shall be distributed pro

rata to the participants in like proportions to each par-

ticipant of cash and other assets, if any.

8. All expenses of the Syndicate Managers, including

brokerage commissions, counsel fees and all other disburse-

ments and expenses made by them in connection with the

earrying out of the purpose of this agreement shall be

charged to the Syndicate and shall be divided, borne and

paid pro rata by the Syndicate Participants upon call of

the Syndicate Managers. Nothing in this agreement shall

be construed as constituting the Subscribers or Participants

partners with each other, or with the Syndicate Managers,

it being expressly agreed that the liability of each Sub-

seriber or Participant is limited to the amount of his Par-

ticipation, the amount of any call for additional working

capital not exceeding twenty-five per cent (25%) of his

Participation, and his pro rata share of the expenses of the

Syndicate.

9. The Syndicate Managers may be subscribers to the

Syndicate and to the extent of any subscription shall par-

ticipate in the profits and losses to the same extent as other

Subscribers.

10. All calls and notices upon or to participants shall be

made or given by the Syndicate Managers, or their agents

or nominees, and shall be sufficient if mailed, registered,

to the participants at their addresses of record with the

Syndicate Managers or the Registrar of the Certificates.

11. This agreement shall bind the Subscribers and their

respective successors, assigns and personal representatives.

It may be made or signed in several counter-parts, but all

such counter-parts shall be taken as one original instrument.

The holding of Certificates of Participation shall constitute

such holders parties to the agreement as fully to all intents

and purposes as if signing the same.

eA th are ORNL NRE oe oA

In Wirness Wueneor, the Syndicate Managers have sub-

scribed an original hereof and the Syndicate Subscribers

have subscribed said original or counterparts thereof, as of

the day and year first above written.

a ee ee ee a ee ew ee ee

PF PS SC OPCS CF 64 6 CW OC ECOG EY OE Oe

SyNnpDICATE SUBSCRIBERS

Amount of

Name Address Subscription

Lewis G. Harriman % Mand T-Peoples — $250,000

Trust Co.

Perry E. Wurst vs 250,000.

Harry T. Ramsdell 250,000 —

Ralph Hochstetter 500,000.—

E. C, Andrews 250,000 —

Albert D. Sykes 50 000

D, J. Kenefick 50,000.

Bradley Goodyear . 50,000

Kugene J. McCarthy 50,000

A. B. Shultz 250,000.00

F. B. Cooley 500,000.00

[Defendants’] Exhibit P-140.*

(Received in evidence 11/27/40)

Buffalo, N. Y.

December 6th, 1928.

RECEIVED OF FRED B. COOLEY, the sum of One

Million Six Hundred Thirty-four Thousand Ninety-one and

91/100 Dollars, ($1,634,091.91) together with interest

thereon at four percent (4%) from October 24th to De-

cember Ist, amounting to Six Thousand Seven Hundred

Seventeen and 93/100 Dollars ( $6,717.93), being the balance

* Identified 4/4/40 as Ex. P-140 on depositions herein.

in full due me on account of the purchase price of my stock

in Houde Engineering Corporation.

These payments were received by me through the de-

posit of Two Hundred Thousand Dollars ($200,000) to my

account in the Manufacturers & Traders-Peoples Trust

Company on December 3, 1928; the deposit of Six Thou-

sand Seven Hundred Seventeen and 93/100 ($6,717.93),

made to my account on December 9, 1928; and the issuance

to me by the Manufacturers & Traders-People Trust Com-

pany of two (2) Certificates of Deposit for Five Hundred

Thousand Dollars ($500,000) each, four (4) Certificates of

Deposit for One Hundred Thousand Dollars ($100,000)

each, and one (1) Certificate of Deposit for Thirty-Four

Thousand Ninety-one and 91/100 Dollars ($34,091.91), all

dated December 5th, 1928 and bearing interest from De-

cember 1st, 1928 on full calendar months only, at the rate

of 2% per annum if left one month, 3% per annum if left

two months and 4% per annum if left three months, which

deposits and certificates were all made and issued in ac-

cordance with my instructions to Mr. Wurst.

A. B. SHuLrz.

[Defendants’] Exhibit P-141.*

(Received in evidence 11/27/40)

Letterhead of

Manuracrurers & Trapvers-Proptes TRUST ComMPaNny

Buffalo, N. Y.

December

6th, 1928.

Mr. A. B. Shultz,

537 East Delavan Avenue,

Buffalo, N. Y.

Dear Mr. Shultz:

Below you will find a statement covering the sale of your

1125 shares of stock to Fred B. Cooley:

* A carbon copy was identified 4/4/40 as Ex. P-141 on depositions herein.

—

Oct. 24, 1928

Delivered 1125 shares Houde Engineering

stock, after deduction of commission, at .. . .$1,884,091.91

Payment made to you on account purchase

PTICO ccc cece cers cen esccccsccescenoenves 250,000.00

Balance due you as of this date............. $1,634,091.91

Dec. 1, 1928

Interest on $1,634,091.91 from October 24th to

December Ist, 1928, 1 month 7 days, at 4%.. 6,717.93

$1,640,809.84

The above sum was paid to you as follows:

Deposited to your checking a/c

4c wh nee ba eae ee $ 200,000.00

Deposited to your checking a/c

ON ener eee 6,717.93

Certificates of Deposit issued

Dec. 5th, 1928, in your name as

follows :

2 at $500,000 each. .$1,000,000.00

4at 100,000 each.. 400,000.00

lat 34,091.91 ... 34,091.91

(Above Certificates bear interest

from Dec. 1, 1928)

1,434,091.91 $1,640,809.84

Enclosed herewith is a copy of the receipt you gave me

covering the above payments to you.

Very truly yours,

Perry EB. Worst.

‘" CMARL‘S 540+: enasie

\ No. 40 4 Deir

United States Circuit Court of Appeals

For THE SEconp CrRculr.

WYATT D. SHULTZ, and One, as Co-Executors under the

Last Will of Albert B. Shultz, Deceased,

Plaintiffs-Appellamts,

against

MANUFACTURERS & TRADERS TRUST COMPANY,

Individually and as their Co-Executor, etc., et al.,

Defendants-Appellees.

INDEX TO RECORD AND EXHIBITS.

TABLE OF CONTENTS.

Index to Printed Record ..... dee ria et eC tae are I

ee ee cys bb dcee es Pehees XV

Exhibits are listed in numerical order, and without

regard to who offered them. Up to the number 78 there

are numerous exhibits having the same numerical designa-

tion. These are differentiated by the letter ‘‘P’’ or ‘“‘D”

being prefixed to the number (pursuant to stipulation [766]

that exhibits should retain same designations as were used

on depositions in these suits).

—

INDEX TO PRINTED RECORD.

PAGE

Amended Complaint (Equity No. 2279).............. 7

Exhibit A to Amended Complaint—Houde Syndi-

cate Agreement ...........cceceesececeereees 31

Exhibit B to Amended Complaint—Contract for

sale of Houde Stock, Dated Nov. 20, 1928.... 37

Exhibit C to Amended Complaint—Sample Re-

ceipt signed by Houde Stockholders (other than

A. B. Shultz) Dated Oct. 24, 1928............ 42

Exhibit D to Amended Complaint—Receipt sign-

ed by A. B. Shultz, Dated Oct. 24, 1928.......... 42

Answer in Civil Action No. 182...........0eeeeeeees 128

Answer of Defendants Chisholm and Cortelyou, State-

ment re (Equity No. 2279) .........ccseceeeeeceees 62

Answer of Defendants Thomas C. Eastman, et al.

(Equity No. 2279) ........0eececcessccecccseceecs 83

Answer of Defendants Manufacturers & Traders Trust

Company, et al. (Equity No. 2279) .........s+e0ees 43

Answer of Defendant Sawyer (Equity No. 2279)..... 63

Exhibit A—Statement of Sept. 26, 1928 (a copy

of Plaintiffs’ Exhibit 98 in evidence herein)... 81

| Exhibit B—Notice of Oct. 11, 1928 (a copy of

Plaintiffs’ Exhibit 101 in evidence herein)... 83

Appearances at Opening of Trial (Oct. 28, 1940)..... 248

Appearance of Joseph H. Morey, Esq. (Dec. 23, 1940) . .2298

Clork’s Cortifionte 26... ccc ccd ceca c cc cscewwesceene 2322

Complaint in Civil Action No. 182...........+..+0++ 104

Designation, Defendants’ Cross ...........+e+ee+ee: 2311

Designation, Plaintiffs’ ........... cece cece ee eeeee 2303

Findings of Fact and Conclusions of Law............ 202

PU BEC ES AUER ERE Gh CR a oO’ 246

Memorandum by Burke, J., Rendered During Trial. .1029

Motion by Defendants Eastman-Dillon et al., to strike

WIN cscs Sova cwcawdcsdds sXObVRIUASs Vendemh 1083

Motion by Defendant Sawyer to strike Exhibits and

Testimony, and to Amend Answers, with Rulings of

Il.

PAGE

Motion by Defendants to Dismiss Complaints......... 1084

Motion by Defendants for Judgment................ 2298

Motion by Plaintiffs for Judgment..............+... 2258

Motion by Plaintiffs to Conform Pleadings to Proof. .1081

Motion by Plaintiffs to Strike Affirmative Defenses... 249

Notice of Appeal... 2... .c cesses cccsbberedswecswsns 248

Opening for Defendants, by Mr. Medina, Portion of.. 250

Opinion of Burke, J. Directing Dismissal............ 177

Order Conforming Pleadings to Proofs............1088

Order of Settlement .....0.0....00 cece cece’ eeore se 2320

Plaintiffs’ Demand for Admissions, Dated Aug. 7, 1939 147

Plaintiffs’ Demand for Admissions, Dated Nov. 17,

|| SRRMERD OMe aise emer ie Boris & LEMON FORE LPr yap eg ep 158

Plaintiffs’ Demand for Admissions Dated Nov. 22,

OI re UAT a nn Ae ei Ogos 166

Response of Defendant Wurst to Plaintiffs’ Demand

for Admissions Dated Aug. 7, 1939 ...........-065- 152

Response of Defendant Wurst to Plaintiffs’ Demand

for Admissions Dated Nov. 17, 1939 .............+- 164

Response of Defendant Wurst to Plaintiffs’ Demand

for Admissions Dated Nov. 22, 1939 ..........-.66. 171

Responses of Other Defendants to Plaintiffs’ Demand

for Admissions Dated Aug. 7, 1939, Statement Sum-

MATIZING 2... ccc ccccs cer ccc cee scceeececceseces 156

Responses of Other Defendants to Plaintiffs’ Demand

for Admissions Dated Nov. 17, 1939, Statement re .. 166

Responses of Other Defendants to Plaintiffs’ Demand

for Admissions Dated Nov. 22nd, 1939, Statement re 174

Ruling of Court Receiving Generally as Against Saw-

yer and Eastman-Dillon Exhibits Theretofore Ad-

mitted Subject to Connection .......---++seeeeees 2260

Statement re Jurisdictional Facts, Pre-trial Proceed-

ings and Orders, Depositions, and Issuance of Sub-

poena Duces Tecwm ....-..0.eereeeerereceseceees 174

Statement re Docketing of Record .......+-++++++e+ 2303

Statement of Evidence ........--eeeeeeee see eeceees 248

Statement Prepared by Court re Limitation of Scope

of Inquiry on Taking of Depositions (cf. pp. 2320-1). 176

Statement Pursuant to Rule XIII ..........+--+-ee+ 2

Il.

PAGB

Dietumiielk 66 COG iii i cinee Rov badad an vewwenven es 247

Statement re Prayer for Relief in Original Complaint

in Equity isuit No. 2279 ......... 22. e eee eeeeeeeees 43

Statement re Process (Civil Action No. 182) ......... 104

Statement re Process (Equity No. 2279) ............. 6

Stipulation for Certification ............+.0+eee eee 2321

Stipulation for Order of Settlement ................. 2319

Subpoena ad respondendum (Equity No. 2279) ....... 5

Summons (Civil Action No. 182) ..........-- seen eens 103

Testimony, Deposirion, Orrers, Ere.

Plaintiffs’ Case in Chief ............ccccccccccceccs 256

Defendants’ Case ......cccccccccnccccsccvccccccnes 1084

Plaintiffs’ Rebuttal Case ...........0.cee cece ences 2201

Purantirrs’ Case in CHIEF.

Babcock, Louis L.

Affidavit Dated July 10, 1939, in Support of De-

fendants’ Motion for Summary Judgment

| Excerpt Offered by Plaintiffs ...........--- 1065

| Defendants’ Written Objections, Counter-of-

fer and the Court’s Ruling ............--. 1065

Beladeau, Grace

Direct Examination .............eeeeeeeees 1031

Chisholm, George H.

Testimony Upon the Trial of These Suits

Direct Examination ..........+-.eeeeeeeees 256

Cross Examination ...........--eee+eeeeeees 256

Deposition Given in These Suits .........--+--+. 705

Excerpts Offered by Plaintiffs ..........--- 705

(N. B. For explanatory note as to na-

ture of examination see footnote, page

705, and the headings of the excerpts.)

A. Plaintiffs’ Offers

Direct Examination ..705, 706, 707, 708, 709, 715,

716, 717, 719, 721, 722, 723,

724, 727, 1068, 1069, 1070, 1071

Cross Examination .........-.e-eeeeeeeeeee 728

Re-direct Examination ...........-.++++++- 728

CINOARE RRO Tp

—

IV.

PAGE

B. Defendants’ Offers Read as Completing Specific

Admissions

Direct Examination ....730, 731,732,733,737, 739,

740, 1000, 1001

Cross Examination ....... 731, 734, 736, 738, 1001

Re-direct Examination .................... 736

Re-cross Examination ..................... 736

C. Defendants’ Offers Not Read as Completing

Specific Admissions

Direct Examination ........ 741, 742, 743, 744, 745

Re-direct Examination ............... 1043, 1044

Affidavit in Support of Defendants’ Motion for

Summary Judgment

Excerpt Offered by Plaintiffs .............. 1067

Defendants’ Written Objections, Counter-of-

fer and the Court’s Ruling ............... 1067

Chisholm, Harry L.

Affidavit in Support of Defendants’ Motion for

Summary Judgment

Excerpt Offered by Plaintiffs .............. 1067

Defendants’ Written Objections, Counter-of-

fer and the Court’s Ruling ............... 1067

Cortelyou, George Bruce, Jr.

Direct Examination .............00..00005, 919

Cross Examination ........................ 953

Re-direct Examination .................... 957

Re-cross Examination ..................... 958

Re-direct Examination ..................... 958

Cooley, Frederick B.

Deposition Given in These Suits ................ 745

Excerpts Offered by Plaintiffs ............. 745

(N. B. For explanatory note showing na-

ture of examination see footnote page 745)

A. Plaintiffs’ Offers

Direct Examination ....745, 746, 749, 750, 754, 756,

759, 761, 762, 763, 764, 768,

769, 770, 771, 772

B. Defendants’ Offers Read as Completing Specific

Admissions

Direct Examination .772, 773, 774, 775, 776, 777, 778

¥.

PAGE

C. Defendants’ Offers Not Read : as Completing

Specific Admissions

Direct Examination ............... 778, 779, 1045

Feil, Christian G. !

Direct Examination ....................... 969

Croan Mireeminatios (ois ck iiivcicide cess 971

Re-direct Examination .................... 972

Harriman, Lewis G.

Deposition Given in 1935 in Goetz case (portions

read by both plaintiffs and defendants) ........ 531

Testimony Given in 1935 in Goetz case (portions

read by both plaintiffs and defendants) ........ 543

Direct Examination ................ 543, 544,545

Cross Examination ............. 546, 547,549,550

Testimony Given in 1937 in Second Trial of Con-

solidated Actions Brought by James N. Scully,

Francis P. Scully, Byron David Shultz, Minnie

L. Zwickey, and Harold L. Putnam v. Manv-

facturers & Traders Trust Company, et al.

(portions read by both plaintiffs and defend-

etna, PR TE PELE Ce eT ean 552

Direct Examination . .552, 553, 554, 555, 556, 1003,

1004, 1005, 1007

Cross Examination..... 556, 557, 561, 562, 592, 593

Re-direct Examination ......... 564, 595, 596, 597

Re-cross Examination ...................... 596

Deposition Given in 1940 in These Suits

Plaintiffs’ Offers

Direct Examination ................e000 783

Defendants’ Offers Not Read as Completing Spe-

cific Admissions

Direct Examination ....... 1003, 1004, 1005, 1007

Affidavit in Support of Defendants’ Motion for

Summary Judgment

Except Offered by Plaintiffs ............... 1006

Defendants’ Written Objections, Counter-of-

fer and the Court’s Ruling ............... 1006

Krauss, Albert E. J.

Direct Examination ...............ccsccees 276

Oroes Mizamination ..... 06. cccccoccceccecce 296

VI.

PAGE

Re-called: . .

Direct Examination .............. Lpdala eee oe 568

Cree Mimemieation 266 iiidsiccsccctivdecess 576

Re-direct Examination ................4.... 576

Re-cross Examination ...............0.008. 578

Re-direct Examination .................... 579

Re-called:

Direct Examination .................-e000. 1019

PPT COTTE Ter Terr 1024

Re-direct Examination .................... 1026

Lenahan, John J.

Deposition Given in These Suits

Excerpts Read by Plaintiffs................ 1047

(N. B. For nature of examination see foot-

note page 1046.)

Plaintiffs’ Offers

Direct Examination . .1046, 1047, 1048, 1049, 1051,

1053, 1055, 1056

Defendants’ offers read as completing spe-

cific admissions

Direct Examination .................. 1059, 1060

Cross Examination .................. 1060, 1061

Re-direct Examination ............. 1061, 1061-A

Re-cross Examination ..................05. 1062

Defendants’ offers not read as completing

specific admissions

Cross Examination ................2eeeeee:

MacPhail, George B.

Testimony upon the Trial of These Suits

Direct Examination ....................0..

Re-called :

Direct Examination ...................000-

Cross Examination ...................

Vil.

PAGE

Deposition Given in These Suits

Defendants’ Offers Read as Completing Spe-

I iii ere chivaWkd vas, 1079

Plaintiffs’ Offers:

Direct Examination .................. 1076, 1077

Re-direct Examination .................... 1079

Defendants’ Offers read as completing Spe-

cific Admissions:

Direct Examination ............. 1079, 1080, 1081

SS SEES PEE RT 1079

Mills, Edward N.

EET TUTTE Te aE 257

CS EIEIO OSL TOT 265

Re-direct Examination .................... 276

Morey, Joseph H.

Me MOMMONI nic occesdcdvawicccs. 354

O’Hara, Robert M.

Daweet Mwamination ...............6ccescs, 1040

Rea, George P.

Deposition given Jan. 22, 1935 (portions read by

both plaintiffs and defendants)

Direct Examination ............ 496, 498, 499, 513

Cross Examination .499, 500, 501, 505, 507, 509, 518,

521

Re-direct Examination ............. 503, 519, 520

Re-cross Examination .......... 511, 512, 520, 521

Deposition Given in These Suits (portions offered

by both plaintiffs and defendants)............. 598

(N. B. For explanatory note showing nature

of examination, ete., see page 598)

Excerpts offered by plaintiffs

Direct Examination.598, 599, 601, 604, 605, 606, 610,

611, 612, 614, 616, 617, 621, 625,

627, 628, 629, 630, 631, 632, 634,

635, 637, 638, 639, 640, 644, 647,

650, 651, 652, 653, 654, 659, 661,

662, 664, 668, 672, 673, 678, 682,

695, 696

‘ Re-direct Examination ................. 696, 697

Fe te oe ee

. rene

VI.

PAGE

Excerpts offered by defendants or at their in-

stance

Direct Examination.599, 600, 601, 606, 608, 609, 610,

611, 613, 614, 615, 618, 619, 623,

624, 626, 630, 634, 637, 639, 640,

646, 649, 658, 662, 674, 698

Cross Examination .............eeeeee0- 642, 705

Re-direct Examination ................. 643, 677

Sawyer, Ansley W.

Dee OE oa ees eee 785

ei MIE ii. iva ceo eeceiee runs 842

Re-direct Examination ..............cecee. 853

Re-cross Examination .............eeeeees 861

BRe-direct Wixamingtion 006 ccc cess eee 863

Schlenker, Edward C.

Ditek TMA 80 8b ais cis Soe Sees 973

CleOGn MRUINOTION 8k. 6 oieids ERGs ewe eles 974

Scully, James N.

Deposition Given in These Suits................ 327

Direct Examination (Read by Plaintiffs)..... 327

Cross Examination (Read by Defendants)... 336

Re-direct Examination (Read by Plaintiffs)... 351

Re-cross Examination (Read by Defendants). 354

Selcoe, Frank

Drees Maa e i se. Re 1038

Crank Benen. i ios 1039

Re-direct Examination ................0005 1039

Re-croes TGRMMUNAGOR 6... ck eces 1039

Re-direct Examination .................00. 1039

Shisler, Eva G.

Dereet Meee. ES 966

Sippell, Irene

Davect BRAMIMAGON so. occ cece icc eveeen 975

CR SIN 4h 5 five ck cca nccca cencuawon 982

Re-direct Examination .................... 984

Shultz, Byron David (‘‘Dave’’)

pe EN rrr rrr 355

IX.

PAGE

) Re-called:

| Direct Bramination .... osccsevcceccscses ens 986

Shultz, Wyatt D.

Direct Examination ...........eeeeeeeeeees 864

Cross Examination ........e.ceeeeceeeeeees 882

Re-direct Examination ..........eeeeeeeees 912

Re-cross Examination .........00seeeeeeees 916

Re-direct Examination ...........eeeeeeees 917

Re-cross Examination ..........0eeeeeeeees 918

Re-direct Examination ............00eee005 918

Sweeney, Kathleen J.

Direct Examination ...........eeeeeeeeeees 581

Croas Hixamination .... 00 cccesesccsacscces 585

Re-direct Examination ...........eeeeeeees 585

Weidman, Orlin G.

Direct Examination ........c.scccecccceees 522

Cross. Hixamination s60.06600 6b sccecosccceness 529

Re-direct Examination .............eeee0+- 530

Re-cross Examination ...........eeeeeeeees 531

Re-direct Examination .........cceceeeeees 531

White, Charles A.

Deposition Given in These Suits

(N. B. For nature of examination see footnote

page 991)

Plaintiffs’ OG ers vos. cece veccuis Canna say 991

Defendants’ Offers Read as Completing Spe-

CATs AGUABMIORE: oi 5 50:56 :0i0e Keke es exntes 996, 999

Plaintiffs’ Written Objections to Defendants’

CONG | oka is os Kerra eke ones be es 997

Wurst, Perry E.

Testimony Given in 1933 in Chisholm Taa Case

(portions read by both plaintiffs and defend-

| rer errr rer ere ree Te ret Py 445

Direct TOSametion oo .6ck cco cc eeenvesweles 446

Crons: Bimbraiiatiem «os sds cd einiaie ees bene 454

Re-direct Examination «.....sccicsevsccese 469

Re-cross Examination ............eceeeeees 471

Re-direct Examination .............eeeeee- 481

Re-cross Examination. ..............2.00085 484

. a .

~ te Weer PIECES EET Fee ee Pee ne ee ee CLS Oe Ree era a

Re-direct Examination

Re-cross Examination

Testimony Given in 1935 in Goetz Case (portions

read by both plaintiffs and defendants)........ 541

Plaintiffs’ Offers

es NE i OE aS 541

Defendants’ Offers

eG EOLEL EER CATE EST? 543

Cs Ne oii SSeS ee eects 541

Deposition Given in 1940 in These Suits

Plaintiffs’ Offers

Direct Examination .......... 780, 781, 783, 1074

Defendants’ Offers Read as Completing Specific

NN 56 BECP RL EREEAS ER 1008, 1011

Defendants’ Offers not Read as Completing Spe-

cific Admissions ................ 1012, 1014, 1016

Testimony Upon the Trial of These Suits

Eee IIE SVs vc sa vase sccnsanesas 958

Creme TIRMROANION 6 oe cc ccc cee eeae 962

Re-direct Examination ..................005 965

Re-called :

SIeNOUG MN ois Se Sa cuce cc cticscsuas 967

DEFENDANTS’ Case.

Bennett, Holly R.

ae eee 1569

Coote TEREIO sc i ccc cece 1574

Re-direct Examination ..................... 1587

Re-cross Examination .................008. 1588

Re-direct Examination ..................00. 1590

Re-cross Examination ................0005 1591

Re-direct Examination .................0.. 1591

Re-cross Examination ................eee00. 1592

Bent, Maurice H.

Deposition Taken in These Suits by Plaintiffs... .2188

Direct Examination (by plaintiffs)......... 2188

Ceaa Timnene 2s ec cceien 2191

Re-direct Examination (by plaintiffs)....... 2192

Plaintiffs’ Objections oo 0s. oc ccc cence 2193.

XI.

PAGE

Buffington, George N.

Deposition Taken in These Suits by Plaintiffs... .2033

Direct Examination (by plaintiffs).......... 2033

Cross Examination by Attorneys for Eastman,

y eesen powers at rai, ei eared ort rt. See ee 2144

Cross Examination (by other defendants). . .2147

Cross Examination ..........cesseeeeeeeees 2150

Re-direct Examination (by plaintiffs)....... 2151

Re-cross Examination ...........0eeeeeeeee 2153

Re-direct Examination (by plaintiffs)...... 2154

Corrections to Deposition ...............+- 2154

Plaintiffs’ Objections .............+eeeeeee 2155

Chisholm, George H.

Testimony Upon the Trial of These Suits (recall-

| Pe Perens ore ee Tet err ree. eee 1306

Direct Examination .............ceeeeeeeee 1306

Cross Examination .........-.sseeeeeceeeee 1334

Re-direct Examination ...........0.eeeeees 1373

Re-cross Examination ..........-...+- 1377, 1381

Deposition Given in These Suits

Excerpt offered by Defendants.............. 2200

Cooley, Frederick B.

Direct Examination ..............eeeeeeeee 1796

Cross Examination .............eeee econ 1824

Re-direct Examination ............+0.-0e0+ 1908

Cross Examination by Co-defendants....... 1914

Re-direct Examination ............002ee00- 1915

Re-cross Examination .............+eeeeees 1915

Drosendahl, Norman H.

Direct Examination .............eeeeeeeees 1593

Cross Examination ............0eeeeeeeeees 1595

Re-direct Examination .............eeeeeeee 1604

Re-cross Examination ..............eeeeee- 1605

Fisk, Irving L.

Direct Examination .............eeeeeeeees 1519

Preliminary Cross Examination ............. 1527

Direct Examination, Resumed .............. 1536

Cross Mxamination ...........00ee eee eee 1550

Re-direct Examination ............-.eee00: 1567

Re-cross Examination .............eeeeeees 1568

XI.

Harriman, Lewis G.

Testimony Upon the Trial of These Suits

Direct Examination ............:eeeeeeeees

Cross Examination ..........-sseeeeeeeeees

Re-direct Examination .........-...+-eeee.

Re-cross Examination ..........--.eeeeeees

Testimony Given in the Second Trial of the Min-

ority Stockholders’ Action

Excerpt Offered by Defendants............. 2198

Markham, Herbert I.

Deposition Taken in These Suits by Plaintiffs .2157

Direct Examination (by plaintiffs).......... 2157

Cross Bxamination ........scetisues cecese 2178

Re-direct Examination (by plaintiffs)...... 2184

Re-cross Examination ............0+eeeeeee 2185

Re-direct Examination (by plaintiffs)....... 2186

Re-cross Examination ............00¢ee ee eee 2186

Re-direct Examination (by plaintiffs)...... 2186

Plaintiffs’ Objections ...............eeeeeee 2186

Mason, Melville C.

Direct Examination ..............0eeeeeeeee 1606

Cross Examination .......ccsecvcscsccccese 1630

Cross Examination .............ceeeeeeees 1631

Re-direct Examination ...........-..000e0e: 1665

Re-cross Examination ...........0.002e sees 1667

Millard, Charles W., Jr.

Direct Examination .............0seeee ees 1785

Cross Examination ...........ccccccscceces 1788

Re-direct Examination .............+eeeeee 1794

Morey, Joseph H.

Re-called :

Direct Mivamination 6 isis ccc s eee cens 2025

Cross Examination ............cccecceccees 2026

Oishei, John R.

Direct Examination ............ cceeeeeees 1677

Cross Examination ............65 0 ceeeeeees 1690

Re-direct Examination ................++5- 1713

Re-cross Examination ..........-..e2eeeees 1716

Re-direct Examination .............0-e+ee: 1716

Re-cross Examination .............eeeeeeee 1717

‘

— ee ee —

XIII.

PAGE

Peo, Ralph F.

Direct Examination .........s..seeeceeeees 1718

Cross Examination ..........+eeeeeeeeeeees 1742

Re-direct Examination ..........-.+eeeeees 1783

Re-cross Examination ...........+eeeeeeees 1783

Rea, George P.

Testimony Upon the Trial of These Suits....... 1382

Direct Examination ..........-+.eeceeeeeees 1382

Cross Examination ............ceseccescees 1416

Cross Examination, by Co-defendants...... 1431

Cross Examination, by Plaintiffs, Resumed. .1434

Re-direct Examination .............+eee0+- 1504

Re-cross Examination ............eeeeee0s 1508

Re-direct Examination ............-2ee005- 1515

Re-cross Examination ...........+eee+eeeees 1516

Deposition Given Jan. 22, 1935

Excerpt omitted due to error or inadvertence 2197

Deposition Given in These Suits

Excerpt Offered by Defendants............ 2199

Colloquy from this Deposition Offered by De-

PeeOOR 6.66.55 6A RRA Ses SURES A eee ve 2199

Shultz, Wyatt D.

Re-called :

Direct Examination ...........-.eeeeeeeeee 1516

Cross Examination ..........++..seeeeeeees 1517

Re-called :

Direct Examination ...........+--eeeeeeeee 1763

Wurst, Perry E.

Testimony Upon the Trial of These Suits (re-

Called) 2... cece cece cece este eet eecetteeeeens 1923

Direct Examination ..........s0eeeeeeeeees 1923

Cross Examination by Co-defendants........ 1961

Cross Examination by Plaintiffs............ 1962

Testimony Given in 1935 in the Goetz Case

Excerpt Offered by Defendants.............. 2197

PiarntirFs’ Resutrau Case.

Adams, David C.

Direct Examination .............eeeeeeeees 2256

gg AORBEE OES DELON EE NERG DIE LISLE LRA NADEEM OVERLIES VEER ALLELE

XIV.

PAGE

Andrews, Edwin C.

Deposition Given in These Suits

Plaintiffs’ Offers

Direct Examination . .. .2265, 2266, 2268, 2273, 2293

Defendants’ Offers

Direct Examination .............. 2289, 2290, 2294

Orden Timah os oss Ka EA AOA 2287

Defendants’ Objections .............e0eeee 2287

Defendants’ Counter Offers Excluded...... 2292

Cummings, C. DeForest

Diriat : TRAD ii 6 a ei eS 2251

Cvenn: ROE 8 ie iE een 2252

Re-direct Examination ...........scesceees 2254

Ellis, Edward F.

Pireet, Brame «iis se e's CS Ca ain ek 2211

Harriman, Lewis G.

Affidavit Verified March 5, 1938 in Proceeding

Brought by Plaintiffs to Remove the Defendant

Trust Company as Their Co-executor

Excerpt Offered by Plaintiffs .............. 2276

Defendants’ Objections Thereto ............ 2285

Testimony Given in the Goetz case

Excerpt Offered by Plaintiffs.............. 2278

Defendants’ Objections Thereto............ 2285

Testimony Given in the Second Trial of Action

Brought by James N. Scully and Others Against

the Manufacturers & Traders Trust Company

Excerpt Offered by Plaintiffs............. 2277

Defendants’ Objections Thereto ............ 2285

Further Excerpt Offered by Plaintiffs....... 2279

Defendants’ Objections Thereto ........... 2285

Counter Offer by Defendants.............. 2286

Deposition Given in These Suits

Further Offer by Plaintiffs ........... 2281, 2283

Defendants’ Objections Thereto ........... 2293

Defendants’ Counter Offer ...........0.5. 2293

Krauss, Albert E. J.

Re-called:

Direst Ezantination 62s UN ie oe aol

—

r XV.

PAGE

Cross Examination ........cceeseeeeeeeeees 2222

Re-direct Examination ..........+++eeeeees 2223

Re-cross Examination .......-..0+eeeeeeeees 2225

Re-direct Examination ...........+e+eeeee- 2225

Langley, Joseph C.

Direct MieaMinntiod ...... 6c cece en enes 2226

Cross Wxamination ..........scceccscscenes 2243

Re-direct Examination ........scccsccecees 2246

Re-cross Examination ...........0eeeeeeees 2248

Re-direct Examination .............0+e+00+ 2249

Re-cross Examination ............0-+eeeeees 2250

Morey, Joseph H.

Re-called :

oe i tere ir 2212

Putnam, Harold W.

pe ee a 2210

Rossman, Edwin F.

Direct Examination ............ceeceeeees 2201

Cross Examination ..........0sscsesseecees 2204

Re-direct Examination ............+eeeeees 2207

Re-direct Examination ...........-eseeeees 2209

| Sanborn, John W.

| Direct Examination ...............eeeeees 2209

Wurst, Perry E.

Testimony Given in 1935 in Goetz case

Excerpt Offered by Plaintiffs.............. 2276

Defendants’ Objection Thereto ............ 2285

Deposition Given in These Suits

Excerpt Offered by Plaintiffs.............. 2296

Excerpt Offered by Defendants............ 2297

Inpex oF EXHIBITS.

Found in

Exhibit Book

at Page

Dfts. Ex. P-I—Ledger sheet of defendant Bank’s

‘“‘Commission Bond Profit Investment’’ ac-

count. Received in evidence at Fol. 3073...... 2610

Dfts. Ex. D-1—Photostat of minutes of meeting

of Executive Committee of Directors of de-

fendant Bank held October 31, 1928. Received

in evidence at Fol. 982..........-.2eeeeeeees 2609, 2864

XVI.

Found in

Exhibit Boox

e. at Page

Dfts. Ex. P-2—Memorandum journal account, be-

ing securities strike sheet of defendant Bank,

containing certain figures shown on Defend-

ants’ Exhibit P-1. Received in evidence at Fol.

ED 5a eS NRE S KAUR ED OF EDC Re Se KTNE Ce at 2610

Dfts. Ex. D-4—Executed counterpart of Syndicate

agreement, dated November 1, 1928. Other ex-

ecuted counterparts were received in evidence

as Defendants’ Exs. P-178, P-179 and D-8. Re-

ceived in evidence at Fol. 1482 (and see stipula-

OE FEE ib aks Hor emda Wieck te eamaeand 2611-2

Dfts. Ex. D-8—Executed counterpart of Syndicate

agreement, dated Nov. 1, 1928. See Defendants’

ix. D-4, supra. Received in evidence at Fol.

LL Seer Teer er Tryarr rt 2 ie ruaan 2611

Pl. Ex. P-11—Paper headed ‘‘Non-Recurnrine

Irems Wuicu Ernst & Ernst Wu Cerrriry

To’’. This is the same as Plaintiffs’ Ex. P-417a

from the files of Kastman, Dillon & Co. Receiv-

ed in evidence at Fol. 3053 (and see stipulation

ME PGOR SRV SU OW RRS Ree i: 2324

Dfts. Ex. P-14—Preliminary report of Ernst &

Ernst, dated Feb. 3, 1928. Received in evidence

BE POONER Ee aS 2613

Pl. Ex. P-18—Pro Forma balance sheet of Houde

as of Sept. 30, 1928, contained in gray cover.

Received in evidence at Fol. 3053............ 2325

Pl. Ex. P-19—Statement showing the monthly net

earnings of Houde Company from January to

September, 1928 inclusive. Received in evi-

ee ee rene eee re 9) Peer 2328

Pl. Ex. D-19—Photostat of letter from U. George

Krapfel, attorney at law, Detroit, Michigan,

to Committee on Stock List, Chicago Stock Ex-

change, dated Nov. 18, 1928. Received in evi-

OOD: C6. Wis: MD ino: 6 4 baa Mimenads eseinss 2329

P|. Ex. P-20—‘‘ Memorandum—Re Houde’’. (This

is substantially the same as Defendants’ Ex.

P-454 from the files of Hastman, Dillon & Co.)

Received in evidence at Fol. 2774 (and see state-

ek a ERT ee eee ee ee ae ne 2330

Xvi.

Found in

Exhibit Book

at Page

Dfts. Bx. P-21—Ernst & Ernst audit report of the

Houde Engineering Corporation, dated Feb. 6,

1928, and covering the period ending Dee. 31,

1927. Received in evidence at Fol. $276 .. 2615

Dfts. Ex. P-22—Houde’s monthly statements for

first ten months of 1928 contained in brown

leather cover. Received in evidence at Fol.

PD Vio vecb ceenanepesio¥s ba ciev> eoeeeee® 2625

Dfts. Ex. P-23a/e—Liability ledger sheets of de-

fendant Bank showing loans to Houde. Receiv-

ed in evidence at Fol. 3281 .....---+++eeeereee 2628

Dfts. Ex. P-24a/b—Letters exchanged between

Ford Motor Company and Houde Engineering

Corporation, dated Jan. 20, 1928. (This is the

same as a portion of Defendants’ Ex. P-63).

Received in evidence at Fol. 3262 (and see stip-

ulation at 2967-8) ......-eee reece eeeerereeee 2629

Pl. Ex. P-27—Carbon of letter Rea to Alexander,

dated May 31, 1927. Received in evidence at

Wol, 2757 ..cvccscccccccvvcccsovcvvcsossess 2335

Dfts. Ex. D-27—Photostat of minutes of meeting

of Board of Directors of Houde held Sept. 26,

1928. Received in evidence at Fol. 1010 ...... 2634

Dfts. Ex. P-28—Telegram Alexander to Rea, dat-

ed June 1, 1927. Received in evidence at Fol.

REE ARE Fy Te AP rT ea hia 2638

Dfts. Ex. D-28—Certified copy of waiver of notice

and minutes of meeting of Directors of Houde

held on Nov. 7, 1928. Received in evidence at

Wed FOO is cass aceervegsvcnnsseeeeseers 2636

Dfts. Ex. 29—Original letter Alexander to Rea,

dated June 6, 1927. Received in evidence at Fol.

BORG ih. oe ls claws neeen eR h been es Ceh.K5 EA? 2639

Dfts. Ex. P-30—Carbon copy of letter Rea to Alex-

ander, dated June 7, 1927. Received in evidence

at Fol. 2062 ......ccccccccccccccesssccecess 2640

Dfts. Ex. D-30—Photostat of minutes of meeting

of Board of Directors of defendant Bank held

Nov. 7, 1928. Received in evidence at Fol. 946. .2641, 2866

XVIII.

Found in

Exxhibit Book

at Page

Dfts. Ex. P-31—Original letter Alexander to Rea,

dated June 17, 1927. Received in evidence at

re ne ny a Re et a eat 2641a

Dfts. Ex. D-31—Photostat of minutes of meeting

of Executive Committee of Board of Directors

of defendant Bank held Nov. 7, 1928. Received

ea ge Se ere rre ree eer 2642, 2870

Defts. Ex. P-32—Original letter Chisholm to Rea,

dated June 21, 1927. Received in evidence at

6 Ci eA 8 Ae A A a oe 2643

Dfts. Ex. D-32—Photostat of minutes of meeting

of Directors of defendant Bank held Dec. 4,

1928. Received in evidence at Fol. 948 ....... 2643a, 2872

Dfts. Ex. P-33—Carbon of letter Rea to Alexan-

der dated June 22, 1927. Received in evidence

ME Oly PE a oko OOK 5S EAE 2643b

Dfts. Ex. D-33—Complaint in action of Byron D.

Shultz v. Manufacturers & Traders Trust

Company, verified Nov. 2, 1934. Received in evi-

I Pe Ws SO bh wick cas cou noch cours 2644

Dfts. Ex. P-34—Letter Alexander to Rea, dated

June 23, 1927. Received in evidence at Fol. 2861 2657

Dfts. Ex. D-34—Bill of particulars in case of

Byron D. Shultz v. Manufacturers & Traders

Trust Company, verified Nov. 4, 1935. Re-

ceived in evidence at Fol. 1269................ 2655

Dfts. Ex. P-35—Carbon of letter Rea to Chisholm,

dated June 27, 1927. Received in evidence at

PU NE ee sir pip wadebed ieNnerevaes cess 2657

Dfts. Ex. D-35—Certified photostat of Certificate

of Incorporation of Houde Company, Dee. 31,

1918. Received in evidence at Fol. 1295....... 2658

Dfts. Ex. P-36—Carbon of letter Rea to Alexan-

der, dated June 27, 1927. Received in evidence

wah dh og ELT EC LT eT ree SS 2659

Dfts. Ex. D-36—Photostat of copy of letter Har-

ris, Small & Co. to A. B. Shultz, dated Dee. 5,

1928. Received in evidence at Fol. 4775 (and

see stipulations at 1307, 6579)................ 2660

XIX.

Found in

Exhibit Book

at Page

Dfts. Ex. P-37—Letter Chisholm to Rea, dated

June 28, 1927. Received in evidence at Fol.

Ec cio pde edu Vis whe tna 99 ete ees Ores 2661

Dfts. Ex. D-37—Photostat of letter A. B. Shultz

to Harris, Small & Co., dated Dee. 26, 1928. Re-

ceived in evidence at Fol. 4775 (and see stipula-

tion at 1308) .......eeeeeeecceecceececeeeees 2662

Dfts. Ex. P-38—Carbon of letter Rea to Chisholm,

dated July 11, 1927. Received in evidence at

eT SaerrS eae Sette Cy oid 2663

Dfts. Ex. D-38—Photostat of letter A. B. Shultz

to Harris, Small & Co., dated Dee. 31, 1928. Re-

ceived in evidence at Fol. 4776 (and see stipula-

tion at 1308)........eceesececreceecreeeeers 2664

Dfts. Ex. P-39—Letter Chisholm to Rea, dated

July 14,1927. Received in evidence at Fol. 3983 2665

Dfts. Ex. D-39—Photostat of copy of letter Har-

ris, Small & Co. to A. B. Shultz, dated Jan. 3,

1929. Received in evidence at Fol. 4776 (and

see stipulations at 1308, 6583)......++++++++++ 2666

Dfts. Ex. D-40—Photostat of letter A. B. Shultz

to Mason, dated June 26, 1929. Received in evi-

dence at Fol, 4815 (and see stipulation at 1309) 2667

Dfts. Ex. D-41—Carbon of letter of Syndicate

Managers to A. B. Shultz, dated Dec. 5, 1928.

Received in evidence at Fol. 1475 (and see

statement at 3511)........-- eee e rere renner 2668

Pl. Ex. P-42—Carbon of letter Rea to Cortelyou,

dated Oct. 7, 1927. Received in evidence at Fol.

ey yao erry rye mre cet py oe ee 2339

Dfts. Ex. D-42—Copy of letter Trust Department

of the defendant Bank to Wyatt Shultz, dated

Apr. 3, 1933. Received in evidence at Fol. 1591 2669

Dfts. Ex. P-44—Letter Sawyer to Parker, dated

Feb. 28, 1928. Received in evidence at Fol. 2861 2670

Dfts. Ex. P-45—Carbon of letter Parker to Cor-

telyou, dated March 2, 1928. Received in evi-

dence at Fol. 2862. ..........0e cee eee eeeeeees 2671

“=a

. XX.

Dfts. Ex. D-45—Copy of Federal income tax re-

turn of defendant Cooley for 1928. Received in

Oviddomes at Pol. SIEB. ios ccc Se kececccees

Dfts. Ex. P-46—Carbcn of letter Parker to Saw-

yer, dated Mar. 2, 1598. Received in evidence

ob Pk: Gee 0h CeCe ck ek Lah hcdueak eee anes

Dfts. Ex. P-47—Carbon of letter Bank to Cortel-

you, dated March 15, 1928. Received in evi-

a SN, oss US cc Pek eee esses dwtcie

Dfts. Ex. D-47—Check of Syndicate Managers for

$123,318.33 payable to defendant Bank. (See

Plaintiffs’ Ex. P-166 for identification.) Re-

ceived in evidence at Fol, 3074.............+...

Pl. Ex. P-48—Letter Cortelyou to Parker, dated

Apr. 4, 1928. Received in evidence at Fol. 2798

Dfts. Ex. D-48—Check of Syndicate Managers for

$153,884.80, payable to defendant Bank. (See

Plaintiffs’ Ex. P-166 for identification.) Re-

ceived in evidence at Fol. 3074................

Pl. Ex. P-49—Letter Cortelyou to Parker, dated

Apr. 12, 1928. Received in evidence at Fol. 2800

Dfts. Ex. D-49—Photostat of page of Visitors’

ceived in evidence at Fol. 5047................

Pl. Ex. P-50—Carbon of Bank’s letter to Cortel-

you, dated Apr. 14, 1928. Received in evidence

SH RE ey eee cee tee ere een

Dfts. Ex. D-50—Four checks of Syndicate Man-

agers covering various payments to A. B.

Shultz, dated Dec. 4, 1928. (See Plaintiffs’ Ex.

P-166 for identification). Received in evidence

OE FP Ade ids 5 iv Gasinn caneidareesersans

Pl. Ex. P-51—Copy of letter Rea to Cortelyou

dated Apr. 27, 1928. Received in evidence at

A I ein Kk suns baad ne eben s beds

Dfts. Ex. D-51—Certificate of deposit records of

defendant Bank covering certificates of deposit

issued to A. B. Shultz, Dee. 5, 1928. Received

in evidence at Fol. 3518. .............cccccues

Found in

Exhibit Book

at Page

2672

2673

2674

2675

2340

2676

2342

2676

2344

2676

2345

Dfts. Ex. P-59—Carbon of letter Buffington to

Rea, dated Aug. 31, 1928. Received in evidence

Se IES aus 4 suis bigeeaek Ooh Niche his kd Khe

XXxiI.

Found in

Exhibit Book

at Page

Pl. Ex. P-52—Letter Cortelyou to Rea, dated May

1, 1928. Received in evidence at Fol. 2817..... 2347

Dfts. Ex. D-52—Photostat of minutes of meeting

of Directors of Houde held Dee. 11, 1928. Re-

ceived in evidence at Fol. 3523..........+++++- 2679

Pl. Ex. P-53—Carbon of letter Rea to Cortelyou,

dated May 2, 1928. Received in evidence at

WO, BE ak ikndnccedew mc bacscccvccacsesrs 2348

Dfts. Ex. D-53—Photostat of letter A. B. Shultz

to Houdaille-Hershey Corporation, dated

March 2, 1929. Received in evidence at Fol.

PE. Aaa uk deen hhumeeesin-e aks Ces +e heed «9 2681

Pl. Ex. P-54Carbon of letter Buffington to Rea,

dated July 23, 1928. Received in evidence at

Fol. 2818 (and see stipulation at 4426-7)...... 2349

Dfts. Ex. D-54—Photostat of letter A. B. Shultz

to George V. Foy, dated Apr. 11, 1929. Re-

ceived in evidence at Fol. 4776..............- 2682

Pl. Ex. P-55 (Id.)—Photostat of Plaintiffs’ Ex.

UR << ccd ee weebeiee a SAS Ad HAs + Ae Ba 8 2349a

Dfts. Ex. P-56—Carbon of letter Buffington to

Rea, dated July 27, 1928. Received in evidence

a Eo bon hk cate od 6.4 ee pee ras cane se 2683

Dfts. Ex. D-56—List of papers, documents, etc.

in Estate of Albert B. Shultz. Received in evi-

eS GS MPT Tey EP eR TERE RT 2684

Dfts. Ex. P-57—Letter Rea to Buffington, dated

Aug. 13, 1928. Received in evidence at Fol. 2956 2685

Dfts. Ex. D-57—Carbon of letter Mr. Randal to

Mr. Medina, dated Nov. 9, 1940. Received in

So rere er rie 2686

Dfts. Ex. P-58—Carbon of letter Buffington to

Rea, dated Aug. 17, 1928. Received in evidence

CSA ed cane Sone SORE Ceo eS eee 2689

Dfts. Ex. D-59—Photostat of consent to hold first

and organization meeting of the incorporators

of Houdaille Corporation, etc. Received in ev1-

dence at Fol. 4848......--sssereerereeersrre®

Dfts. Ex. P-60—Letter Rea to Buffington, dated

Sept. 4, 1928. Received in evidence at Fol. 2956

Dfts. Ex. D-60—Photostat of draft copy of Ar-

ticles of Association of Hershey Corporation,

with pencil changes thereon. Received in evi-

dence at Fol. 4841........--eeeeeeeeeeeceetes

Dfts. Ex. P-61—Letter Rea to Buffington, dated

Sept. 4, 1928. Received in evidence at Fol. 2956

Dfts. Ex. D-61—Photostat of carbon of letter

Mason to A. B. Shultz, dated Aug. 19, 1929. Re-

ceived in evidence at Fol. 4880........+++++--

Dfts. Ex. P-62—Letter Rea to Buffington, dated

Sept. 6, 1928. Received in evidence at Fol. 2956

Dfts. Ex. D-62—Photostat of certificate of filing

of Articles of Association of Houdaille Corpo-

ration, dated Nov. 16, 1928. Received in evi-

dence at Fol. 4870. .....-.eeeee reece eeereees

Dfts. Ex. P-63—Letter from F. Glover, The Tim-

ken-Detroit Axle Co., to Buffington, dated Sept.

18, 1928, together with copy of letters exchang-

ed between Ford Motor Coney and Houde,

dated Jan. 20, 1928 (Defendants’ Ex. P-24a/b).

Received in evidence at Fols. 2956, 2968.......

Dfts. Ex. D-63—Photostat of letter Clark J. W.

Colby, Assistant to Secretary, The Chicago

Stock Exchange, to Mason, dated Nov. 21, 1928.

Received in evidence at Fol. 4868.........----

Pl. Fx. P-64 (Id.)—Photostat of Plaintiffs’ Ex.

P-389, the latter being copy of wire Buffington

to Rea, dated Sept. 24, 1928........-+++++++5:

Dfts. Ex. D-64—Photostat of order of Michigan

Securities Commission with respect to stock of

Houdaille Corporation, dated Nov. 21, 1928. Re-

ceived in evidence at Fol. 4868........-.+-+-

Exhibit Book

XXII.

Found in

Exhibit Book

at Page

Pl. Ex. P-65 (Id.)—Photostat of Plaintiffs’ Ex.

Oi oan pedwaiae ee pha eaee es Ree hee eS 2350

Pl. Ex. P-66 (Id.)—Photostat of Plaintiffs’ Ex.

ON i ops ckie eee sd CRE RERER COMMON EVs es 2350

Dfts. Ex. D-66—Photostat of carbon of letter Har-

ris, Small & Co. to A. B. Shultz, dated Dee. 28,

1928 Received in evidence at Fol. 5350...... 2712¢

Pl. Ex. P-67 (Id.)—Photostat of Defendants’

Te. os i RUN Re es tea Naber en RAS ees 2350

Dfts. Ex. D-67—Photostat of letter A. B. Shultz

to Barnes, dated Dee. 28, 1928. Received in evi-

dence at Fol. 5851. ......cccccesveevcesccccs 2713

Pl. Ex. P-68 (Id.)—Photostat of Defendants’ Ex.

Di ri eile es evans SRR eese h enese eee - 2350

Dfts. Ex. D-68—Photostat of letter A. B. Shultz

to Barnes, dated June 26, 1929. Received in

evidence at Fol. 5862... 0. ccc cece tssecccenss 2713

Dfts. Ex. D-69—Photostat of letter A. B. Shults

to Barnes, dated Oct. 11, 1929. Received in

eviddenes at Tol; S902... cas ce cet wens nese ne 2713

Pl. Ex. P-70 (Id.)—Photostat of Plaintiffs’ Ex.

ME oe ee cata hh ae a aes Cee Aa 2351

Dfts. Ex. D-70—Photostat of letter A. B. Shultz

to Barnes, dated Jan. 23, 1930. Received in

evienss OS FOL Boek 6s c.cc acca twdsteceunseays 2714

Dfts. Ex. D-71—Photostat of letter A. B. Shultz

to Barnes, dated March 26, 1931. Received in

evitanind GS POA OOE 3s vck nc td eds Kc heeewinends 2715

Dfts. Ex. P-72—Carbon of letter Buffington to

Rea, dated Oct. 21, 1928. Received in evidence

Ek, Ek 55 RRs es a ee Ree 2716

Dfts. Ex. D-72—Printed letter Melville C. Mason

to stockholders of Oakes Products Corpora-

tion, Hershey Corporation and Houdaille Cor-

poration, dated Feb. 6, 1929. Received in evi-

Genes Ob Dol, Gow 6 ik cccwdec we tas wttis seers 2717

Pl. Ex. P-73 (Id.)—Photostat of Plaintiffs’ Ex.

PPE Sn Sack So enh igen kk akc ones aka eek ies 2352

XXIV.

Found in

Exhibit Book

at Page

Pl. Ex. P-74—Letter Buffington to Rea, dated

Oct. 31, 1928. Received in evidence at Fol.

SEE OE ERIE ROT OE PPT ROC ETS 2353

Pl. Ex. P-75—Letter Rea to Buffington, dated

Nov. 1, 1928. Received in evidence at Fol. 2923 2354

Dfts. Ex. D-75—Copy of minutes of special meet-

ing of stockholders of New York Car Wheel

Company, held on April 26, 1934. Received in

OWUIII OE sein ines bn 5 icin b's barca ven 2718

Dfts. Ex. D-76—Financial Statement of Cooley

Trading Company, Inc., dated April 18, 1928.

Received in evidence at Fol. 5881............ 2719

Dfts. Ex. P-77—Letter Buffington to Rea, dated

Nov. 2, 1924. Received in evidence at Fol.

PRM Pat pe ase RC REALE SEN gD 2355

Dfts. Ex. D-77—Time slip of Joseph H. Morey,

dated Nov. 15, 1928. Received in evidence at

ee EE ea iGawuaes aves h cd es csc cee 2720

Dfts. Ex. P-78—Carbon of letter Buffington to

Barnes, dated Nov. 2, 1928. Received in evi-

MR I bog aan ns 9h oo owe 2721

Dfts. Ex. D-78—Time slip of Joseph H. Morey,

dated Nov. 16, 1928. Received in evidence at

Py aah atin nhs ak binc dsc SRUM e's Ta ves 2723

Pl. Ex. P-80 (Id.)—Photostat of Plaintiffs’ Ex.

PUN Nab uhavieNecun se aneehi vi eens. 2356

Pl. Ex. P-81 (Id.)—Photostat of Plaintiffs’ Ex.

Meese s cent VSACES bende deeds tetas. 2356

Pl. Ex. P-83 (Id.)—Carbon of telegram Rea to

Barnes, dated Nov. 15, 1928. Received in evi-

CU UI co 2357

Pl. Ex. P-84—Carbon of letter Rea to Barnes,

dated Nov. 15, 1928. Received in evidence at

ea 2358

Dfts. Ex. P-85—Carbon of letter Rea to Alex-

ander, dated Nov. 20, 1928. Received in evi-

soporte cic... ORR Sree 2724

XXV.

Found in

Exhibit Book

at Page

Pl. Ex. P-86—Letter Rea to Buffington, dated

Nov. 20, 1928. Received in evidence at Fol.

SO ik 5a Kec hweks daa ST ORS Hise eee 2360

Pl. Ex. P-87 (Id.)—Photostat of Defendants’ Ex-

hibit P-182. Received in evidence at Fol. 2970.

(Withdrawn at 3518) 6... ic ees sdeccies cece 2361

Pl. Ex. P-88—-Letter Harris, Small & Co. to Syn-

dicate Managers, dated Nov. 20, 1928. Plain-

tiffs’ Ex. P-315 for identification from the files

of the defendant Sawyer is a carbon copy of

this exhibit. Received in evidence at Fol. 2970.. 2362

Dft. Ex. P-89—Letter Central Trust Company to

Rea, dated Nov. 21, 1928. Received in evidence

i Pe Fi ck oR oa ns FA sacs aR Soe dada bas 2725

Pl. Ex. P-90 (Id.)—Telegram Harris, Small &

Company to defendant Bank, dated Nov. 21,

1928. This telegram is quoted in Plaintiffs’

Ex. P-91. (See stipulation at 3503).......... 2363

Pl. Ex. P-91—Letter Beaumont, Smith & Harris,

to defendant Bank, dated Nov. 21, 1928. This

letter quotes Plaintiffs’ Ex. P-90 for identi-

fication on the depositions. Received in evi-

Gente wb Fl BOT sks bien Fie ih ve ess 2364

Pl. Ex. P-92—Carbon of letter defendant Wurst

to Continental National Bank & Trust Com-

pany, dated Nov. 21, 1928. Received in evidence

ee Te Se ki Pee We ce RS 2365

Pl. Ex. P-93—Carbon of letter defendant Wurst

to defendant Cooley, dated Nov. 22, 1928. Re-

ceived in evidence at Fol. 2969.............. 2366

Pl. Ex. P-94—Letter Continental National Bank

& Trust Company to defendant Wurst, dated

Nov. 22, 1928. Received in evidence at Fol.

ERIE A cate SE Aeys am ey egg i ee Ca ogy Sea 2367

Pl. Ex. P-95—Carbon of letter Rea to Beaumont,

Smith & Harris, dated Nov. 23, 1928. Receiv-

ed in evidence at Fol. 2971 .................. 2368

Pl. Ex. P-96—Letter Buffington to Rea, dated

Nov. 23, 1928. Received in evidence at Fol. 2969 2369

—

XXVI.

Dfts. Ex. P-97—Carbon of letter Rea to Barnes

and Allington, dated Dec. 3, 1928. Received

in evidence at Fols. 5469-70...............4..

Pl. Ex. P-98—Instrument of Sept. 26, 1928,

executed by certain of Houde’s stockholders.

Received in evidence at Fol. 984 (and see stip-

a ge | ye Sa enn arora

Dfts. Ex. P-99—Carbon of preliminary draft of

instrument dated Sept. 26, 1928. Received in

CVAD: OE PUL TO 0 50h ee ee ees

Dfts. Ex. P-100—Two yellow sheets of paper

containing longhand notes of Irving L. Fisk.

Received in evidence at Fol. 4568 ............

Pl. Ex. P-101—Carbon of notice of Krauss &

Company, dated Oct. 11, 1928, with special

delivery registry receipts attached. Receiv-

ed in evidence at Fols. 984-5..................

Pl. Ex. P-10la—Copy of Plaintiffs’ Ex. P-101,

bearing the signature of the defendant Cantwell,

sent to Dave Shultz. Received in evidence at

IE Gi Aa ea A Vs a ns ce aD ee

Dfts. Ex. P-102a—Carbon of cable G. H. Chisholm

to A. B. Shultz, dated Sept. 28, 1928. Received

Th OUR BE We RIS i 6 8 Rh hi vo wa sends

Dfts. Ex. P-103—Carbon of cable defendant Bank

to its Paris Office, dated Sept. 28, 1928. Received

Sih SUUOMRO RE Gis BONS ic bs cn kb dedindaassas

Dfts. Ex. P-104a—Copy of Plaintiffs’ Exhibit P-

104b. Received in evidence at Fols. 1208, 2932

Pl. Ex. P-104b—Cable A. B. Shultz to G. H. Chis-

holm, dated Sept. 29, 1928. Received in evi-

Campos WE TOl, Be aise ek ot RU lees

Pl. Ex. P-105a—Copy of 137-word cable G. H.

Chisholm to A. B. Shultz. Received in evidence

OE FO, FU Wink i ce hdidee cteinicee be venlivde. 3

Pl. Ex. P-106a—Receipt of Postal Telegraph-

Cable Company, dated Oct. 1, 1928, for 137-word

cable. Received in evidence at Fol. 1109 ......

Found in

Exhibit Book

at Page

2727

2370

2728

2729

2371

XXVIII.

Found in

Exhibit Book

at Page

Dfts. Ex. P-107—Confirmation of cable Postal

Telegraph Company to G. H. Chisholm. Re-

ceived in evidence at Fol. 1214 ............... 2736

Pl. Ex. P-108—Cable A. B. Shultz to G. H. Chis-

holm, dated Oct. 2, 1928. Received in evidence

Rs OD Hi. 6 CEN eh cekenceetniseneee ns 2375

Dfts. Ex. P-109—Copy of unsigned two-page let-

ter Barton A. Bean to Oishei, dated Oct. 2, 1928,

together with carbon copy of further 17-page

unsigned letter to Oishei, dated Oct. 2, 1928, and

initialed ‘‘ARH’’. Received in evidence at Fol.

BO a den dpe baped bigkad oko e eA Ae TS 2737

P|. Ex. P-112—Memorandum dated Oct. 11, 1928,

signed by defendants Wurst, Harriman, Rea

and Cooley. Received in evidence at Fols. 1450,

1506 (and see stipulations at 1480, 4073, 4267-8) 2376

Pl. Ex. P-113—Copy of instrument signed by

defendant Cooley addressed to the defendants

Harriman, Wurst and Rea, bearing date Oct.

13, 1928. Received in evidence at Fol. 2958

(and see statements at 524-6, 5943, 6766) ...... 2377

Dfts. Ex. P-114—Carbon of audit report of Ernst

& Ernst on Houde, dated Oct. 20, 1928, cover-

ing examination of books as of the close of busi-

ness Sept. 30, 1928. Received in evidence at

WU ROM | th 5's es cera aed es cae ead acces 2747

Pl. Ex. P-116b—Depositary receipt of defendant

Bank to B. D. Shultz, dated Oct. 22, 1928. Re-

ceived in evidence at Fol. 1127 ............... 2378

Pl. Ex. P-117—Letter Ernst & Ernst to the de-

fendant Bank, dated Oct. 23, 1928. Received in

evidence at Fol. 1476 (and see stipulation at

SOUR) SAnb a Vinee cen ADR EV SR dA Pech e eke. 2379

Dfts. Ex. P-119a—Release to Houde, its stock-

holders, directors and officers, executed by the

Scullys, dated Oct. 22, 1928. Received in evi-

COON GR Ts FE kode ces cha ORK 2749

Dfts. Ex. P-119b—Duplicate original of Defend-

ants’ Ex. P-119a. Received in evidence at Fol.

OUR: ANC wes oe bRKRSLIA CEL UE eos 2749

, Geet AESEEIS ety _— seats baa mesktoweys

: rade a LCL 10 Yad Rea ATO Aa Yee a oe erat OR Pe GRE ae Cee ara

XXVIII.

Found in

Exxhibit Book

at Page

Dfts. Ex. P-120—Original ribbon copy of agree-

ment between Cooley and the Sculleys, dated

Oct. 22, 1928, signed by defendant Cooley only,

and containing statement endorsed thereon in

handwriting and signed by A. B. Shultz. Re-

ceived in evidence at Fol. 3375 (and see stipula-

ite AE SE) occ cacacekscsecddse cis eceeiess 2750

Dfts. Ex. P-121—Carbon of Defendants’ Exhibit

P-120, signed by defendant Cooley and the

Scullys. Received in evidence at Fol. 1028 .... 2751

Dfts. Ex. P-122—Carbon of letter J. N. Scully to

Directors of Houde, dated Oct. 22, 1928. Re-

ceived in evidence at Fol. 1027 ...........+4-- 2754

Dfts. Ex. P-123—Undated assignment of stock

of Houde signed by Frank P. Scully. Received

in evidence at Fol. 1028.............-.5005- 2755

Dfts. Ex. P-124—Letter Frank P. Scully address-

ed to M. & T.-Peoples Trust Company and

New York Car Wheel Company, dated Oct. 22,

1928. Received in evidence at Fol. 1032 ...... 2757

Dfts. Ex. P-125—Receipt executed by James N.

Scully and Francis P. Scully, by his attorneys,

dated Oct. 24, 1928. Received in evidence at

Re rr ey mer ra rr cree rrr ey ets 2757

Pl. Ex. P-126—Statistical table used on closing of

Houdaille. Received in evidence at Fol. 1476 2882

Dfts. Ex. P-127—Photostat of stock certificate

for 600 shares of stock of Houde issued to H. L.

and G. H. Chisholm, dated Oct. 22, 1928. Re-

ceived in evidence at Fol. 3992 (and see stipula-

tine Ot 1807) aie siks s.05 6 s00 52 oo dente nove sens 2758

Dfts. Ex. P-128—Photostat of certificate for

24383, shares of stock of Houde Company is-

sued to defendant Cooley, dated Oct. 25, 1928.

Received in evidence at Fol. 1305 (and see stip-

ulation at 5443) .......cccsccvcvevvccvececes 2759

Dfts. Ex. P-129—Receipt executed by B. D. Shultz,

dated Oct. 24, 1928. Received in evidence at

DE SEs kk acd ees ws Fowrmwcae Lime bes Beas 2759

XXIX,

Dfts. Ex. P-130—Receipt executed by James N.

Scully, dated Oct. 24, 1928. Received in evi-

ee OS FG DRG. iva sik occa he ee ae OS

Dfts. Ex. P-135—Receipt executed by Shultz

Motor Sales, Inc., dated Oct. 24, 1928. Received

in @yacenes at Fol, L506. 6 iciisia er i aiar ees

Dfts. Ex. P-137—Receipt executed by H. L. & G.

H. Chisholm, dated Oct. 24, 1928. Received in

OVUAGNNS Ot POR SOs 6 65 cae ekaeticcaerdis

Dfts. Ex. P-139—Receipt executed by A. B. Shultz,

dated Oct. 24, 1928. (Said receipt as certified

to this court in 1935 as ‘‘Respondent Exhibit 4”’

in the record in Chisholm v. Commissioner, [79

I’, (2d) 14] and which contained no notation by

Fisk was received in evidence in these suits at

Fol. 6792.) Received in evidence at Fol. 3389,

4636 (and see stipulation at 1307 and statement

| RE nae mente Pree gr Retr rk Pay Chey ADI” ane

Dfts. Ex. P-140—Receipt executed by A. B. Shultz,

dated Dec. 6, 1928. Received in evidence at Fol.

3517 (and see stipulation at1307).............

Dfts. Ex. P-141—Letter of defendant Wurst to

A. B. Shultz, dated Dec. 6, 1928. Received in

Grama GE FOL. Soak oo ick kos ae bbb ceeek

Dfts. Ex. P-150—Liability ledger sheet of defend-

ant Bank covering loans to defendant Cooley.

Received in evidence at Fol, 3405.............

Dfts. Ex, P-151—Certified check register of de-

fendant Bank. Received in evidence at Fol.

RRs Sar SC er ae PAE | ise Cee Agana Ra

Pl. Ex, P-152 (Id.)—Sheet from Discount Book of

defendant Bank, dated Oct. 24, 1928. See stipu-

ve | ee ee epee) ye nee

Pl. Ex. P-153a/s—Collateral cards of defendant

Bank relating to loans to defendant Cooley.

Received in evidence at Fol. 1630

eee eee eee eene

Pl. Ex. P-155a—Ledger sheet of defendant Bank

covering defendant Cooley’s deposit account

ng Received in evidence at Fols. 1702-3,

CS She See 2 ee OOS OOO eS 4.8 C66 6 6 © bo 28:4 ok eS

Found in

Exhibit Book

at Page

2759

2760

2761

2762

2765

2768

2769

2383

XXX.

Pl. Ex. P-155b—Continuation of Plaintiffs’ Ex.

P-155a. Received in evidence at Fols. 1702-3,

PE ic dercaanthins AAR anleaN aaa dekeae tek ee

Dfts. Ex. P-156—Page from interest ledger of

defendant Bank relating to loans to defendant

Cooley. Received in evidence at Fol. 8419.....

Dfts. Ex. P-157—Duplicate deposit slip of defend-

ant Bank covering $50,000 deposit of defendant

Cooley, dated Oct. 27, 1928. Received in evi-

Se es a ve cs cabins Ok hb eed aes

Pl. Ex. P-158a through P-165e (ld.)—Various

checks of defendant Cooley, certain of which

(P-158c, P-162, P-163, P-164a, P-164b) were re-

ceived in evidence at Fols. 1029, 1030, 1228,

1231, (and see stipulation at 3410-11).........

Pl. Ex. P-166 (Id.)—Checks of Syndicate Man-

agers, certain of which were received in evi-

dence as Defendants’ Exhibits D-47, D-48 and

D-50 at Fols. 3074 and 3516. (See stipulation

Wh: LEGER B55 £6 ACS PRCA s CEE ce

Dfts. Ex. P-167a—Page from report of weekly

transactions to Executive Committee of defend-

ant Bank, dated Oct. 25, 1928. Received in evi-

SND: AE OG ind i eh ear

Dfts. Ex. P-167b—Further page from report of

weekly transactions to Executive Committee of

defendant Bank, dated Oct. 25, 1928. Received

in evidence at Fol. 930

CD86 6 OO 6&4 6 'O°e Be 6 6 OO ae

Dfts. Ex. P-168a—Page of report to Directors

of defendant Bank, dated Nov. 7, 1928. Receiv-

ed in evidence at Fol. 942..................

Dfts. Ex. P-168bh—Further sheet from report to

Board of Directors of the defendant Bank,

dated Nov. 7, 1928. Received in evidence at Fol.

nic TERETE ET eA Gf ee Pe be ORG beam

Dfts. Ex. P-169—Daily statement of the defend-

ant Bank, dated Oct. 31, 1928. Received in

evadenes at Pols: O600-3 oe Sic eck

Pl. Ex. P-170—Assignment executed by defend-

ant Cooley, dated Nov. 16, 1928. Received in

Ovempume GE TOE. GHD oi okie vce ckcccceck

Found in

Exhibit Book

at Page

2393¢

2770

2771

2772

2773

2774

2777

2778

XXXiI.

Found in

Exhibit Book

at Page

Dfts. Ex. P-171—Letter H. L. and G. H. Chisholm

to Krauss & Company and New York Car

Wheel Company, dated Oct. 22, 1928. Receiv-

ed in evidence at Fol. 3991 ...........---.0-- 2780

Dfts. Ex. P-172—Assignment executed by H. L.

Chisholm to H. L. & G. H. Chisholm. Received

in oleae Gh WOR. Ge sccs's tc nevnassccecss 2781

Dfts. Ex. P-173—Assignment executed by G. H.

Chisholm to H. L. & G. H. Chisholm. Received

in QU OE Os GEE cc eck ceckcacsaswd 2782

Dfts. Ex. P-174—Excerpt from partnership agree-

ment of H. L. and G. H. Chisholm, dated Oct.

20,1928. Received in evidence at Fols. 3988-9.. 2784

Dfts. Ex. P-175a—Letter Joseph H. Morey to

Syndicate Managers, dated Nov. 26, 1928,

transmitting Plaintiffs’ Ex. P-170. Received in

qvueemen G6 Fk. Geek hin csenwhd hides ebanaes 2785

Dfts. Ex. P-175b—Carbon of letter defendant

Wurst to Joseph H. Morey, dated Nov. 26, 1928,

acknowledging receipt of Defendant’s Ex.

P-175a. Received in evidence at Fol. 5732.. 2786

Dfts. Ex. P-176—Declaration of Trust executed

by defendant Wurst, dated Nov. 15, 1928. Re-

ceived in evidence at Fol. 6073.............. 2787

;

Dfts. Ex. P-178—Executed counterpart of Syndi-

; cate agreement, dated Nov. 1, 1928. Other

; executed counterparts were received in evidence

as Defendants’ Exs. P-179, D-4 and D-8. Re-

ceived in evidence at Fol. 1482.............. 2789

Dfts. Ex. P-179—Executed counterpart of Syndi-

cate agreement, dated Nov. 1, 1928. See De-

fendants’ Ex. P-178, swpra. Received in evi-

eg RE ee A ee 2789

Pl. Ex. P-181—See note re Plaintiff’s Ex. 338 for

Id. and Exhibit B to Complaints in these suits.

Dfts. Ex. P-182—Executed carbon of letter Syndi-

cate Managers to Continental National Bank

& Trust Company, dated Nov. 20, 1928. (Plain-

tiff’s Ex. P-87 is a photostat of this exhibit).

Found in

Exhibit Book

at Page

Received in evidence at Fol. 3505 (and see stip-

ulation at 3519) .......cccceececenecsenes sexi aeee

Dfts. Ex. P-183—Telegram Continental National

Bank & Trust Co. to defendant Bank, dated Dec.

3, 1928, together with translation thereof. Re-

ceived in evidence at Fol. 3509.............. 2794

Dfts. Ex. P-184—Confirmation of Defendants’ Ex.

P-183. Received in evidence at Fol. 3509.... 2794

Dfts. Ex. P-185—Telegram defendant Bank to

Continental National Bank & Trust Co., dated

Dee. 3, 1928, together with translation thereof.

Received in evidence at Fol. 3509............ 2794

Dfts. Ex. P-186—Draft drawn by defendant Bank

on First National Bank of Chicago for $15,000,

payable to Eastman, Dillon & Co., dated Nov.

90, 1928. Received in evidence at Fol. 3077.... 2795

Dfts. Ex. P-187—Draft drawn by defendant Bank

on First National Bank of Chicago, dated Nov.

20, 1928, for $15,000 payable to Central Trust

Co. of Illinois. Received in evidence at Fol.

he vd Ci od WOE COANE te CRON Ee ees 2795

Dfts. Ex. P-188—Check register of defendant

Bank showing record of drafts drawn on First

National Bank of Chicago. Received in evi-

Mas OE TE ET ng ck snd caricd co aes tee v nye 2795

Dfts. Ex. P-189—Ledger page of defendant Bank

showing its account with First National Bank

of Chicago. Received in evidence at Fol. 3077-8 — 2795

Pl. Ex. P-192—Syndicate account in handwriting

of the defendant Wurst on yellow sheets of

paper, together with sheets annexed thereto.

Received in evidence at Fol. 852 ............ 2396

Pl. Ex. P-193 (Id.)—Carbons of letters addressed

by Syndicate Managers to Syndicate partici-

pants, dated Nov. 14, 1928. The copies addressed

to A. B. Shultz and the defendant Sawyer were

received in evidence as Plaintiffs’ Ex. P-535,

and Defendants’ Ex. 193a, respectively. (See

statement at 3490-3) ....... cece eee eee cee enes 2402

Dfts. Ex. P-193a—Carbon of letter Syndicate

Managers to A. B. Shultz, dated Nov. 14, 1928.

Tere. 2 Ce ea ET ad A ee ts Ba sps MeO Cy a —_ -

. INS i ch 85 VIET Cee AR a cae On NG i-f eID akin BoM rect INT ey GRMN ASANTE? pone UN RIH ph

(se a a ca ae aaa aia Someta ae nite ay it

XXXII.

Found in

Exchibit Book

at Page

~ See Plaintiffs’ Ex. 193 for identification, supra.

Received in evidence at Fol. 3491 ............ 2796

Pl. Ex. P-194 (Id.)—Carbons of letters Syndicate

Managers to Syndicate participants, dated Dec.

5, 1928. The copy addressed to C. R. Wyckoff

was received in evidence as Plaintiffs’ Ex.

P-517. The copy of the letter addressed to

A. B. Shultz was received in evidence as De-

fendants’ Ex. 1-41. (See stipulation at 1475

and statement at 3511-2) ............eeeeees 2402

Dfts. Ex. P-195—Original letter Laverack &

Haines to the defendant Cooley, dated Nov. 27,

1928, together with report annexed thereto. Re-

ceived in evidence at Fol. 5468 .............. 2798

Dfts. Ex. P-200—Photostats of seven original let-

ters written by A. B. Shultz to Barnes, Hou-

daille-Hershey Corporation and Fred A. Cor-

nell, between Jan. 14, 1929 and Aug. 30, 1929.

Received in evidence at Fols. 5351-2 (and see

stipubatiots Ob FOE) 66k cack sa dose aes cee ness 2799

Pl. Ex. P-224—Securities Transit ledger sheet of

the defendant Bank covering various dates

from May 24, 1928 to March 5, 1929. Received

in @videmiee BE POL. GUIS .. ap viwesivcivasescss 2403

Pl. Ex. P-225—Original letter E. T. Lodge, Trico

Products Corporation, to the defendant Wurst,

dated Nov. 14, 1934, with memorandum of

charges on long distance telephone calls annex-

ed thereto. Received in evidence at Fol. 3082.. 2404

Pl. Ex. P-226 (Id.)—Carbon of unexecuted agree-

ment between stockholders of Houde Company

and the defendant Bank, dated Feb. , 1928.

This is the same as Plaintiffs’ Ex. P-294 (an-

other carbon from lawyer’s files) in evidence

and Plaintiffs’ Ex. P-456 for identification, the

latter being original from files of Eastman, Dil-

lon & Co. (See stipulation at 2393) ........... 2406

Pl. Ex. P-227—Carbon of draft of proposed finan-

shares of stock of Houdaille Corporation, to-

gether with pencil notations thereon. Received

m evicences at Fol. S470... icc cesccrsscesecs 2407

cial circular relating to issuance of 70,000

BRR ELE PE ETT GSE IS Ie AIL LBL IT LAE PER LIME CIS TEIN ERE ET IN BALM ESE

XXXIV.

Found in

Exhibit Book

at Page

Pl. Ex. P-228 (Id.)—Draft financial circular cov-

ering proposed issuance of 70,000 shares of con-

vertible Class A stock of Houde containing the

typewritten signature of Eastman, Dillon & Co. 2410

Pl. Ex. P-229 (Id.)—This exhibit is the original

of which Plaintiffs’ Ex. P-339 is a copy, so far

as the latter exhibit contains typewritten mat-

ter. Upon the depositions four sheets of yellow

paper clipped to Plaintiffs’ Exhibit P-229 were

marked Plaintiffs’ Exs. P-229A, P-229B, P-229C

and P-229D, respectively, (See 4489-90) ...... 2412a

Pl. Ex. P-234—Statistical table relating to issu-

ance of 50,000 shares of stock at 20 and 45,000

shares of stock at 21, (Plaintiff’s Ex. P-417b

from the files of Eastman, Dillon & Co. is a car-

bon copy of P-234). Received in evidence at

Fol. 3082 (and see stipulation at 6319-20).. 2413

Dfts. Ex. P-240—Memorandum in handwriting

of Rea. Received in evidence at Fol. 4232 ... 2800

Dfts. Ex. 241—Memorandum in _ handwriting

of Rea. Received in evidence at Fol. 4232 .... 2801

Dfts. Ex. P-248—Copy of longhand Western

Union telegram Oishei to E. F. Johnson, Gen-

eral Motors Corporation, dated October 17,

1928. Received in evidence at Fol. 5057 ..... 2802

Dfts. Ex. P-249a/b—Oishei’s notes. Received

in evidence at Fol. 5038-9 .................. 2803

Dfts. Ex. P-250a/c—Oishei’s notes. Received

in evidence at Fol. 5038-9 ...............06- 2804

Dfts. Ex. P-254—Telegram Carlton M. Higbie to

Oishei, dated Nov. 12, 1928. Received in evi-

Gone OPE: GS aise scien ws car dua ckds 2805

Defts. Ex. P-255—Telegram Oishei to Carlton M.

Higbie dated November 12, 1928. Received in

SE ES OE nth 50 a heas ddeeres hes 2806

Dfts. Ex. P. 257—Letter Harry Brown of Keane,

Higbie & Co. to Oishei, dated November 14,

1928. Received in evidence at Fol. 5064 ...... 2807

XXXV.

Dfts. Ex. P-258—Carbon of letter Oishei to Harry

E. Brown dated November 16, 1928. Received in

ovidones at Tol. S066 2... cicccisccecewccesss

Pl. Ex. P-259—Telegram C. H. Oishei to J. R.

Oishei, dated November 23, 1928. Received

in evidence at Fol. 5072-3 .............0008-

Dfts. Ex. P-262—Photostat of ledger sheet of

defendant Bank’s Safekeeping Account for A.

B. Shultz relating to Class A stock of Houd-

aille-Hershey Corporation. Received in evi-

ID OE. Ps I cir hc teks SRN As cc

Dfts. Ex. P-263—Photostat of defendant Bank’s

Safekeeping Account for A. B. Shultz, relating

to Class B stock of Houdaille-Hershey Corpora-

tion. Received in evidence at Fol. 4781 ......

Dfts. Ex. P-266—Statement prepared by N. H.

Drosendahl of Trust Department of defendant

Bank giving a recapitulation of the Bank’s

Safekeeping Account for A. B. Shultz in stock

of Houdaille-Hershey Corporation. Received

Ti OUR GE TU. GE on oc cm wcc uve ccavace

Dfts. Ex. P-267—Signature card of defendant

Bank for deposit account of Syndicate Man-

agers. Received in evidence at Fol. 3523 ....

Dfts. Ex. P-268b—Nine sheets comprising orig-

inal deposit account of A. B. Shultz in the de-

fendant Bank from Nov. 19, 1928 to July 1,

1932. Only the first sheet marked ‘‘1A”’ on the

front and ‘‘B”’ on the reverse side and covering

dates Nov. 19, 1928 to Feb. 21, 1929 was offered

and received. Received in evidence at Fol. 3517

Pl. Ex. P-269a/h (Id.)—Daily statements of the

defendant Bank covering various dates in Octo-

ber and November, 1928. These exhibits are er-

roneously referred to in the record as Plain-

tiffs’ Exs. P-169a/h. (See statement at 662-6)

Pl. Ex. P-270—Proposed financial circular cover-

ing issuance of 100,000 shares Houde Engi-

neering Corp. Class A Participating stock,

dated March 24, 1928. (Received in evidence

ET sad ng atin poelns abed eae acsk sas 0d

Found in

Exhibit Book

at Page

2809

2414

2810

2812

2814

2817

2818

2415

XXXVI.

Pl. Ex. P-271—Memorandum headed ‘‘HOUDE

ENGINEERING CORPORATION PROPOS-

ED STOCK PROVISIONS”, bearing typewrit-

ten name of H. R. Bennett, dated March 26,

1928. Received in evidence at Fol. 4100 ......

Dfts. Ex. P-272—Slip of printed paper headed

‘‘Preferred Stock Provisions.’’ Received in

evidence at Fol. 4143 .......-.. cece erences

Dfts. Ex. P-273—Slip of printed paper headed

‘Common Stock Purchase Warrants.’’ Re-

ceived in evidence at Fol. 4143 ............--

Dfts. Ex. P-274Slip of printed paper headed

‘‘Common stock (no par value).’’ Received in

evidence at Fol. 4143 ........... eee eee neers

Dfts. Ex. P-275—Paper in handwriting of defend-

ant G. H. Chisholm bearing notation ‘‘DAVE.’’

Received in evidence at Fol. 4129 ............

Dfts. Ex. P-276—Paper in handwriting of de-

fendant G. H. Chisholm bearing notation

‘‘BERT.”’ Received in evidence at Fol. 4129 ..

Dfts. Ex. P-277—Paper in handwriting of de-

fendant G. H. Chisholm bearing notation

“‘GHC.’’ (Receive in evidence at Fol. 4129 ..

Pl. Ex. P-278—Paper in handwriting of defendant

G. H. Chisholm. Received in evidence at Fol.

PROT SIS Pheer Tres Peer es Fete

Pl. Ex. P-279—Paper in handwriting of defendant

G. H. Chisholm. Received in evidence at Fol.

GOOG |. ROSE FE Seales Vs HE Sera gees o>

Pl. Ex. P-280a/e—Carbon of Chisholm’s memor-

andum giving data on Houde. Received in evi

ce ey rere Sane See Paes

Pl. Ex. P-282—Paper in the handwriting of A. B.

Shultz. Received in evidence at Fol. 4115 (and

see stipulation at 1309) .............0.eeeeee

P]. Ex. P-283*—Carbon of letter Sawyer to Isham,

Lincoln & Beale, dated Feb. 13, 1928. Received

is @WAGMRCO GE FOL, BOO oii csc ce decds envi

Exhibit Book

—

XXXVII.

Found in

Exhibit Book

at Page

Pl. Ex. P-284—Carbon of letter Sawyer to Beau-

mont, Smith & Harris, dated Feb. 13, 1928.

Received in evidence at Fol. 2388 ............ 2426

Pl. Ex. P-285—Carbon of letter Sawyer to Rob-

ert H. Richards, dated Feb. 14, 1928. Received

in ovdemee Ot POL. BSG cus kee cencieseviciers 2427

Pl. Ex. P-286—Letter from Charles Wright, Jr.,

of Beaumont, Smith & Harris, to Sawyer, dated

Feb. 14, 1928. Received in evidence at Fol.

SP: as OLE UE Mhawak ed eke Oa nad ahr ee) 2428

Pl. Ex. P-288—Letter Robert. H. Richards to

Sawyer, dated Feb. 23, 1928, Received in evi-

dence at Fol. 2475-6

PIL Ex. P-289—Carbon of letter Sawyer to Robert

| H. Richards, dated Feb. 24, 1928. Received in

VINNIE BA TG. BETS 65 dive sinvs tbe Nye teeseees 2430

*Exhibits bearing numbers from P-283 to P-35i, inclusive, were pro-

duced from the files of the defendant Sawyer.

Pl. Ex. P-290a—Letter Sawyer to Charles

Wright, Jr. of Beaumont, Smith & Harris, dated

February ...., 1928 (not sent). Received in evi-

Gee GE FURR, BUSOU. sap cchecasvcksaebecves 2431

Pl. Ex. P-291 (id.)—Letter Parker to Sawyer, da-

SOE SEOUL a BU 4k 0 eS ase hatas baba les 2433

Pl. Ex. P-292—Carbon of letter Sawyer to Rea,

dated July 14, 1928. Received in evidence at

Bhs Mn wsds 64a sade nihea cease bai 2434

Pl. Ex. P-293—Carbon of letter prepared by Saw-

yer to be sent to Ford Motor Co., dated Feb.

3, 1928. (This is a carbon copy of the type-

written portion of Plaintiffs’ Ex. P-453 from the

files of defendants Eastman, Dillon & Co.) Re-

ceived in evidence at Fol. 2494 ............... 2435

Pl. Ex. P-294—Carbon of proposed agreement

between Houde stockholders and the defendant

Bank, dated Feb. ..., 1928. (This is the same as

Plaintiffs’ Ex. P-226 for iden. and Plaintiffs’

Ex. P-456 for identification, the latter being

the ribbon copy from the files of the defendant

Kastman, Dillon & Co.) Received in evidence at

OE cde vs Vid specs ccnannnenbahaesuar 2436

XXXVI.

Pl. Ex. P-295—Paper containing Sawyer’s notes.

Received in evidence at Fol. 2390 ..........-.

Pl. Ex. P-298—Carbon of letter Sawyer to Corpo-

ration Trust Co. dated Oct. 22, 1928. Received

in evidence at Fol. 2459 ......... 00. ee eee eee

Pl. Ex. P-299 (id.)—Telegram from Corporation

Trust @ompany to Dudley, Stowe & Sawyer,

dated Oct. 23, 1928 ........cccccesccrccesens

Pl. Ex. P-301 (id.)—Carbon of letter Sawyer to

Joseph H. Morey, dated Oct. 25, 1928 .........

Pl. Ex. P-303—Carbon of letter Sawyer to Corpo-

ration Trust Company, dated Oct. 31, 1928. Re-

ceived in evidence at Fol. 2497 ............5-

Pl. Ex. P-312—Carbon of letter Sawyer to Cor-

poration Trust Co., dated Nov. 9, 1928. Re-

ceived in evidence at Fol. 2497 ..............

Pl. Ex. P-314 (id.)—Unexecuted carbon of De-

Se” TE, Pe vn oak os cea wn datas vera nee

Pl. Ex. P-315 (id.)—Carbon of Plaintiffs’ Ex.

P-88. P-315 is from files of the defendant

PN aka car tecndnweP hn tniakatataectueces

Pl. Ex. P-327—Receipted bill of Dudley, Stowe &

Sawyer to Fred B. Cooley, c/o the defendant

Bank, dated Nov. 16, 1928. Received in evi-

Bis OO TH: Be fia ee coe W ide ewees wlincins

Pl. Ex. P-328a (id.)—Copy of Plaintiffs’ Ex. P-98

from files of defendant sawyer. (See stipula-

from files of the defendant Sawyer............

Pl. Ex. P-329 (id.)—Copy of Plaintiffs’ Ex. P-101

..from files of the defendant Sawyer ..........

Pl. Ex. P-330—Paper containing longhand notes

of defendant Sawyer, headed ‘‘F. P. Seully’’.

Received in evidence at Fol. 2401 ............

Dfts. Ex. P-332a—Affidavit executed by A. B.

Shultz, Oct. 22, 1928. Received in evidence at

Fol. 2538 (and see stipulation at 1807) ........

Found in

Exhibit Book

at Page

2445

2448a

; XXXIX.

Dfts. Ex. P-333—Ribbon copy of unexecuted affi-

davit of the defendant Sawyer dated Nov. ;

1928. Received in evidence at Fol. 2536 ......

Pl. Ex. P-335—Sawyer’s longhand preliminary

draft of syndicate agreement dated Oct. ;

1928. Received in evidence at Fols. 2473-4....

Pl. Ex. P-336—Sawyer’s typewritten draft ‘of

Syndicate agreement dated Oct. _ , 1928, with

Sawyer’s notes thereon. Received in evidence

ws . SS Perey wae ee te ke

Pl. Ex. P-337 (id.)—Unexecuted carbon of Syndi-

cate agreement. Defendants’ Exs. P-178, P-

179, D-4 and D-8 are executed copies of Plain-

tiffs’ Ex. P-337 for identification which is from

files of the defendant Sawyer ........-+-++:

Pl. Ex. P-338 (id.)—Carbon of Plaintiffs’ Ex. P-

181 for identification, which is printed with

corrections (but without initials opposite said

corrections) as Exhibit B to the complaints.

Plaintiffs’ Ex. P-338 for identification is from

files of defendant Sawyer ........+-eeeeeeeee

Pl. Ex. P-339—Carbon of paper containing type-

written and pencil notes in Sawyer’s hand.

Plaintiffs’ Ex. P-229 is the ribbon copy of the

typewritten portion of this exhibit. Received

in evidence at Fol. 2495 ........e eee eee eens

Pl. Ex. P-340—Typewritten notes headed ‘‘ Man-

uracturers & Trapers-PropLes Trust Com-

pany, Houpartie’’. Received in evidence at

SE eee rrr irre pyere erty Tote

Pl. Ex. P-341—Typewritten notes headed ‘*Man-

uFACTURERS & TRADERS-PEopLEs Trust Com-

pany, Houpartie’’. Received in evidence at

ee A sos aera eaew ks Ree eb as

Pl. Ex. P-344 (id.)—Paper produced from files of

defendant Sawyer and containing notes in

handwriting of said defendant ...........+--

Pl. Ex. P-345—Paper produced from files of de-

fendant Sawyer and containing his pencil notes.

Received in evidence at Fol. 2497 ......-.+++5

—

Ray

Found in

Exhibit Book

at Page

2827

2452

2455

2459a

2460

2461

2462

2463

XL.

Pl. Ex. P-346—Paper from files of defendant

Sawyer containing his pencil notes. Received

in evidence at Fol, 2470 ...........cceeccess

Pl. Ex. P-347 (id.)—Carbon of memorandum

from files of defendant Sawyer, headed ‘‘M. &

T. re Houpattie, Memo for Powers Clause.’’. .

Pl. Ex. P-349b—Paper from files of defendant

Sawyer containing his pencil notes. Received

in evidenes at Fol. 94780... occ iisick cv ctess cs

Pl. Ex. P-351—Paper containing pencil notes of

defendant Sawyer. Received in evidence at

FON DOME Aske snccaeis skips genni c Fede baad

Pl. Ex. P-363a/d—Pages 74, 75, 77, 78 from per-

sonal account book of defendant Cooley. Page

12 of this same book was received as Defend-

ants’ Ex. P-363e. Pages 145 and 146 were re-

ceived as Plaintiffs’ Exhibits P-581 and P-582.

Received in evidence at Fol. 3053.............

Dfts. Ex. P-363e—Page 12 of Personal account

book of the defendant Cooley. See Plaintiffs’

Ex. P-363a/d, supra. Received in evidence at

FOe DOME SK esk bal Soh Suse ieee

Dfts, Ex. P-364—Receipted bill of Ernst & Ernst,

in the amount of $10,000, dated Nov. 24, 1928

and addressed to ‘‘Perry EK. Wurst, Manufac-

turers & Traders-Peoples Trust Co.’’ Received

in evidence at Fol. 3610. ...........2.........

Pl. Ex. P-368—Letter Ralph F. Peo to Mr. Ran-

dal, dated July 15, 1939. Received in evidence

ih dtrte Bary g REEL Pete TE TTS be aD

Pl. Ex. P-369—Carbon of letter Mr. Randal to

Mr. Peo, dated July 17, 1939. Received in evi-

UNE MER MERE vinrs steel

Pl. Ex. P-370—Letter Mr. Peo to Mr. Randal,

dated July 24, 1939. Received in evidence at

sobs Beara Ne eT AE SiR

Pl. Ex. P-372—Photostat of registration record

of Mr. and Mrs. J. R. Oishei at Hotel Ambassa-

dor, New York City. Received in evidence at

Fol. 1475

eS OS BR RE RS FS SME teh NON aN GON Reg ghee ede

Found in

Exhibit Book

at Page

2465

2466

2467

2468

2470

2831

2833

2472

2473

2474

XLI.

Pl. Ex. P-373—Photostat of registration record

of Mr. and Mrs. F. B. Cooley, at Hotel Am-

bassador, New York City. Received in evidence

Oe + no eer be hake ee Keane eines

Pl. Ex. P-374—Photostat of ledger card of Mr.

and Mrs. J. R. Oishei, at Hotel Ambassador,

New York City. Received in evidence at Fol.

SE he eens» Mabie Sadek wire ROR

Pl, Ex. P-375—Carbon of wire on form of East-

man, Dillon & Co., J. E. Gray to Buffington,

dated Mar. 28, 1928. Received in evidence at

EE ¢ Manone 0 vabAs Cbd Oh as Lee ees

Pl. Ex. P-376—Letter J. E, McMahon of Chicago

office of Eastman, Dillon & Co. to J. E. Gray,

New York office, dated Mar. 28, 1928. Received

ID OVAIGMOD BE POL, BOO. . 6 cs oko sonny pcncece

P|. Ex, P-377—Wire on form of Eastman, Dillon

& Co., Buffington to Gray, dated April 2, 1928.

Received in evidence at Fol. 2895.............

Pl. Ex, P-378—Copy of wire on form of Eastman,

Dillon & Co., Gray to Buffington, dated April 2,

1928. Received in evidence at Fol. 2895......

Pl, Ex. P-379—Wire on form of Eastman, Dillon

& Co., Buffington to Gray, dated April 3, 1928.

Received in evidence at Fol. 2895.............

Dfts. Ex. P-380—Copy of wire on form of East-

man, Dillon & Co., Buffington to Parker, ¢/o de-

fendant Bank, dated April 21, 1928. Received

in evidence at Fol. 2957

2475

2476

2477

2478

2479

2480

2481

2834

from the files of the defendant Eastman, Dillon & Co.

Dfts. Ex. P-381—Wire on form of Eastman, Dil-

lon & Co., Parker to Buffington, dated April

23, 1928. Received in evidence at Fol. 2597....

Dfts. Ex. P-384—Copy of wire on form of Kast-

man, Dillon & Co., Buffington to Rea, dated

July 31, 1928. Received in evidence at Fol.

2953

ED SL Se DS SR ES SS Oe ee ae Oe ek ee ee eee ace

* Exhibits bearing numbers from P-375 to P-468a, inclusive, were produced

2835

XLII.

Pl. Ex. P-386—Wire on from of Eastman, Dillon

& Co., Siler to Buffington, dated Sept. 4, 1928.

Received in evidence at Fol. 2900............

Pl. Ex. P-387—Copy of wire on form of Eastman,

Dillon & Co., Buffington to Rea, dated Sept. 7,

1928. Received in evidence at Fol. 2900......

Pl. Ex. P-388—Wire on form of Eastman, Dillon

& Co. from Buffalo, N. Y. and addressed to

Buffington, dated Sept. 7, 1928. Received in

evidence at Fols. 2900-1 ...................

Pl. Ex. P-389—Copy of wire on form of Eastman,

Dillon & Co., Buffington to Rea, dated Sept. 24,

1928. This is the original which Plaintiffs’

Ex. P-64 for identification on the depositions is

a photostat. Received in evidence at Fol. 2901

Pl. Ex. P-390—Copy of wire on form of East-

man, Dillon & Co., Buffington to Rea, dated

Sept. 24, 1928. Received in evidence at Fol.

TOL. cvcvcviigudcddy dewenekseerue ines aee

Pl. Ex. P-391—Copy of -wire on form of East-

man, Dillon & Co., Buffington to Rea, dated Sept.

25, 1928. Received in evidence at Fol. 2901...

Pl. Ex. P-392—Copy of wire on form of Eastman,

Dillon & Co., Buffington to Rea, dated Sept. 25,

1928. This is the original of which Plaintiffs’

Ex. P-65 for identification on the depositions is

a photostat. Received in evidence at Fol. 2902

Pl. Ex. P-393—Copy of wire on form of Eastman,

Dillon & Co., Buffington to Rea at Hotel Am-

bassador, New York City, dated Sept. 26, 1928.

This is the original of which Plaintiffs’ Ex. P-

66 for identification on the depositions is a

photostat. Received in evidence at Fol. 2902..

Dfts. Ex. P-394—Copy of wire on form of East-

man, Dillon & Co., from Buffington to New

York operator, dated Sept. 26, 1928. Receiv-

ed in evidence at Fol. 2953...................

Dfts. Ex. P-395—Copy of wire on form of East-

man, Dillon & Co., Buffington to Rea, dated

Sept. 27, 1928. This is the original of which

2482

2483

2484

2485

2486

2487

2488

2837

XLII.

Found in

Exhibit Book

at Page

Plaintiffs’ Ex. P-67 for identification on the

depositions is a photostat. Received in evidence

kN. FR isk ROSS Cis 1a led Es deh eden 2838

Pl. Ex. P-396 (id.)—-Photostat of typewritten copy

of instrument of Sept. 26, 1928, (from Hast-

aS BU) ic cic cti eed secvedesess 2490

Pl. Ex. P-397—Copy of wire on form of East-

man, Dillon & Co., Buffington to Rea, dated

Oct. 1, 1928. Received in evidence at Fol. 2903 2491

Pl. Ex. P-398—Copy of wire on form of East-

man, Dillon & Co., Buffington to Rea, dated

Oct. 1, 1928. Received in evidence at Fol. 2903 2492

Pl. Ex. P-399—Wire on form of Eastman, Dillon

& Co., Rea to Buffington, dated Oct. 1, 1928.

Received in evidence at Fol. 2903............ 2493

Pl. Ex. P-402—Copy of wire on form of Eastman,

Dillon & Co., Buffington to Bent, dated Oct. 15,

1928. (This is the original of which Plaintiffs’

Ex. P-70 for identificattion on the depositions

is a photostat). Received in evidence at Fol.

RTE ee a ree ee ae 2494

Defts. Ex. P-403—Copy of wire on form of East-

man, Dillon & Co., Buffington to Rea, Oct. 3,

1928. (This is the original of which Plaintiffs’

Ex. P-68 for identification on the depositions is

a photostat.) Received in evidence at Fol.

ees eres Pe er E eed rer eee 2839

Pl. Ex. P-404—Copy of wire on form of East-

man, Dillon & Co., Buffington to Bent, Oct. 16,

1928. Received in evidence at Fol. 2903...... 2495

Defts. Ex. P-405—Wire on form of Eastman, Dil-

lon Co., Miss Paterson to Buffington, dated Oct.

17, 1928. Received in evidence at Fol. 2954.... 2840

Pl. Ex. P-406—Wire on form of Eastman, Dillon

& Co., Miss Paterson to Buffington, dated

October 17,.1928. Received in evidence at Fol.

MEW 5.0 HO KA cRARCUETR COR Raw aa ns tae 2496

Pl. Ex. P-407—Wire on form of Eastman, Dillon

& Co., Miss Paterson to Buffington, dated Octo-

XLIV.

Found in

Exhibit Book

at Vage

ber 17, 1928. Received in evidence at Fol.

SE cc iiisdoctnws seis sakniiwae taneeks 2497

Pl. Ex. P-408—Copy of wire on form of EKast-

man, Dillon & Co., Buflington to Rea, dated

October 21, 1928. Received in evidence at Fol.

OE line canad vied 6A Reoee anes ene RA Rass 2498

Pl. Ex. P-409—Copy of wire on form of Eastman,

Dillon & Co., Buffington to Rea, dated Oct. 21,

1928. Received in evidence at Fol. 2904 ..... 2499

Pl. Ex. P-410—Copy of wire on form of Eastman,

Dillon & Co., Buffington to Rea, Oct. 21, 1928.

Received in evidence at Fol. 2904 ............ 2500

Pl. Ex. P-411—Wire on form of Eastman, Dillon

& Co., Rea to Buffington, Oct. 22, 1928. Re-

ceived in evidence at Fol. 2904 .............4. 2501

Pl. Ex. P-412—Wire on form of Eastman, Dillon

& Co., Rea to Buffington, Oct. 22, 1928. Received

im OvileeOe OF. FOL. DIG. ios ve vcecccetaniaess 2502

Pl. Ex. P-413—Wire on form of Eastman, Dillon

& Co., Rea to Buffington, dated Oct. 22, 1928.

Received in evidence at Fol. 2904 ............ 2503

Dfts. Ex. P-414—Wire on form of Eastman,

Dillon & Co., W. H. Wilson to Buffington, Oct.

27, 1928. Received in evidence at Fol. 2954 .. 2841

Dfts. Ex. P-415—Wire on form of HKastman,

Dillon & Co., Buffington to W. H. Wilson. Re-

ceived in evidence at Fol. 2954 .............. 2842

Dfts. Ex. P-416—Copy of wire on form of East-

man, Dillon & Co., Buffington to Rea. Received

ey ee Neer Te eee 2843

Pl. Ex. P-417—Letter W. H. Wilson of Ernst &

Ernst, to Buffington, dated Oct. 27, 1928. Re-

ceived in evidence at Fol. 3053 (and see state-

DUE GE NE 5 5a 98 PASS ee ea Mie a pees 2504

Pl. Ex. P-417a—Carbon statement headed ‘‘ Non-

Recurring Irems Wuicu Ernst & Ernst Witt

Certiry To’’. (This is the same as Plaintiffs’

Ex. P-11.) Received in evidence at Fol. 3053

(and see stipulation at 2968) ................ 2505

XLV.

Found in

Exhibit Book

at Page

Pl, Ex. P-417b—This is a carbon of Plaintiffs’

Ex. P-234 from the files of defendant Sawyer.

Received in evidence at Fol. 3053 ............ 2505

Pl. Ex. P-418—Wire on form of Eastman, Dillon

& Co., Rea to Buffington, Oct. 29, 1928. Receiv-

ed in evidence at Fol. 2921 .................. 2506

Pl. Ex. P-419—Carbon of wire on form of East-

man, Dillon & Co., Buffington to Rea, dated

Nov. 8, 1928. Received in evidence at Fol. 2921 2507

Pl. Ex. P-420—Wire on form of Eastman, Dillon

& Co., Rea to Buffiington, Nov. 8, 1928. Re-

ceived in evidence at Fol. 2921............... 2508

P], Ex. P-421—Carbon of letter Buffiington to Rea,

Nov. 10, 1928. ( Plaintiffs’ Ex. P-80 for iden-

tification on the depositions is a photostat of

Plaintiffs’ Ex. P-421.) Received in evidence

Re Se ES RANA eee Dye eae 2509

Pl. Kx. P-422—Letter of Rea to Buffington, dated

Nov. 12, 1928. (Plaintiffs’ Ex. P-81 for iden-

tification upon the depositions is a photostat of

Plaintiffs’ Ex. P-422.) Received in evidence at

CE ba Sass bE ch buns eddadeeians Exon 2510

P|. Ex. P-423—Letter Melville C. Mason of Beau-

mont, Smith & Harris, to Buffington, dated Nov.

17, 1928. Received in evidence at Fol. 2922.... 2511

Dfts. Ex. P-425—Carbon of letter Buffington to

Allington, dated Nov. 19, 1928. Received in evi-

EE Mi Be) Hs 5nd ooo Mane wile Weeden on 2844

Dfts. Ex. P-426—Copy of contract between Har-

ris, Small & Co. and Eastman, Dillon & Co.,

dated Nov. 20, 1928. Received in evidence at

Fol. 2953 (and see stipulation at 6501)........ 2845

Pl. Ex. P-427—Letter Chapman & Cutler, Chicago

to Eastman, Dillon & Co., dated Dee. 3, 1928.

Received in evidence at Fol. 2922............. 2512

Pl. Ex, P-427a/e—Carbon of letter Chapman &

Cutler, Chicago to Paul H. Davis & Co., dated

Dee, 3, 1928, Received in evidence at Fol. 2922. 2512

—_—— ME Pic FRO ETE

XLVI.

Pl. Ex. P-427d—Certified copy of agreement be-

tween Harris, Small & Co. and Houdaille Corp.,

dated Nov. 15, 1928. Received in evidence at

Fol. 2922 (and see stipulation at 6502)........

Pl. Ex. P-431—Wire on form of Eastman, Dillon

& Co., Rea to Buffington. Received in evidence

ae | Oey rr ere re rie re

Pl. Ex. P-436—Wire on form of Eastman, Dillon

& Co., Rea to Buffington. Received in evidence

ee Se Pre re pe are rr e ry te

Pl. Ex. P-4837—Wire on form of Eastman, Dillon

& Co., Buffington to Rea. Received in evidence

tS Re Orme rere

Pl. Ex. P-489—Wire on form of Eastman, Dil-

lon & Co., Rea to Buffington. Received in evi-

ee 8 ae er ae pee

Pl. Ex. P-441—Memorandum headed ‘‘Re: THe

Hovupe ENGINgERING Company, Burra.o, N. Y.’’,

dated Jan. 11, 1928, bearing typewritten signa-

ture of Buffington. (The two sheets of this

exhibit were marked Plaintiffs’ Exs. P-441 and

P-441a on the depositions). Received in evi-

CO: SE ee ES baekskdcaws besess eexees

Pl. Ex. P-443 (id.)—Memorandum headed

‘“*TloupE ENGINEERING CoRPORATION’’.........

Dfts. Ex. P-448—Memorandum entitled ‘‘Re:

Houde Engineering Company, Buffalo, N. Y.’’,

dated Feb. 20, 1928, bearing the typewritten

signature of Buffington. Received in evidence

SE FO es a oder es tase ital

Dfts. Ex. P-449—Financial circular signed by

Eastman, Dillon & Co. offering 108,000 units

of Houdaille Corp. stock. Received in evi-

GO OE en Oe web eh ee ddvatasandieinicis

Pl. Ex. P-451—Photostat of publicity release.

(The two pages of this exhibit were marked

Plaintiffs’ Exs. P-451 and P-45la on the

depositions). Received in evidence at Fol. 4934

Pl. Ex. P-453 (id.)—Carbon of uninitialed letter

addressed to Ford Motor Co., dated Feb. 3, 1928,

Found in

Exhibit Book

at Page

2514

2517

2518

2519

2520

2847

2848

2525

XLVII.

The typewritten portion of this letter is the

same as Plaintiffs’ Ex. P-293 from the files

of the defendant Sawyer .............e.ee06.

Dfts. Ex. P-454—Carbon of memorandum with

reference to Houde, dated Feb. 7, 1928. (This

is substantially the same as Plaintiffs’ Ex.

P-20. The four pages of this exhibit were

marked P-454, P-454-a, P-454-b, and P-454-c, up-

on the depositions). Received in evidence at

PUR, DE: PRES CERI Kc pa eh dob iss Reeve eeas

Pl. Ex. P-456 (id.)—Unexecuted contract between

Houde stockholders and the defendant Bank,

dated Feb. ...., 1928. Plaintiffs’ Exs. 294

in evidence and 226 for identification are

carbons of this exhibit which is from East-

I ho id pce sc d%4 00 6k s ben bednows

Pl. Ex. P-460—Photostat of carbon of letter,

Harris, Small & Co. to Paul H. Davis & Co.

and Eastman, Dillon & Co., dated Nov. 22,

1928. Received in evidence at Fol. 4983 ......

Dfts. Ex. P-468—Carbon of letter Buffington to

Rea, dated Oct. 6, 1928. Received in evidence

es SE i's Gska bins bn wale ee onde Maeeee ess

Dfts. Ex. P-468a—Copy of portion of Automotive

Daily News, dated Oct. 3, 1928. Received in evi-

SG Ps EE Nob otcnreddensurenseses ces

Pl. Ex. P-475 (1d.)—Carbon of letter Mr. Randal

to Buffington, dated Sept. 12, 1938 ..........

Pl. Ex. P-476 (Id.)—Letter Buffington to Mr.

Randal, dated Sept. 15, 1938

Pl. Ex. P-477 (Id.)—Carbon of letter Mr. Randal

to Buffington, dated Sept. 16, 19388 ..........

Pl. Ex. 478—Carbon of letter Mr. Randal to Lar-

kin, Rathbone & Perry, dated Sept. 23, 1938 ..

Pl. Ex. P-479 (Id.)—Telegram Larkin, Rathbone

& Perry to Mr. Randal, dated Sept. 26, 1938 ..

Pl. Ex. P-480 (Id.)—Letter Larkin, Rathbone &

Perry to Mr. Randal, dated Sept. 30, 1938 ....

ore eee wee eww eee

2849

2527

2528

2850

2851

2530

2532

2533

2534

2535

2536

XLVHI.

Found in

- Exhibit Book

; at Page

Pl. Ex. P-481—Carbon of letter Mr. Randal to

Buffington, dated Oct. 6, 1938 ...............- 2537

Pl. Ex. P-482 (id.)—Letter Buffington to Mr.

Randal, dated Oct. 10, 1938 ..............45-- 2538 -

Pl. Ex. P-483—Photostat of letter, Melville C.

Mason of Beaumont, Smith & Harris to Paul H.

Davis & Co., dated Nov. 17, 1928. Received in

ke RG SE eee eee 2539

Pl. Ex. P-484 (id.)—Photostat of unaccepted, un-

opened letter contract between Harris, Small &

Co. and Paul H. Davis & Co. It is executed by

C. D. Allington for Harris, Small & Co. but not

accepted by Paul H. Davis & Co. This is sub-

stantially the same as Defendants’ Ex. P-488,

which is the executed copy of agreement be-

tween Harris, Small & Co. and Paul H. Davis

GB Ga. vies Bes oie gba cin eke de es % 2540

Dfts. Ex. P-488—Photostat of letter contract be-

tween Harris, Small & Co. and Paul H. Davis

& Co., dated Nov. 21, 1928. Received in evi-

Gan ob Fai Gs Me ss his cu ines Se cdcssi. 2852

Dfts. Ex. P-494a—Office charge slip of wing tag

Fisk made out in the name of A. B. Shultz.

ceived in evidence at Fol. 4614.............. 2854

Dfts. Ex. P-494b—Office charge slip of Irving L.

Fisk made out in the name of Houde Engineer-

ing Corp. Received in evidence at Fol. 4562 .. 2854

Dfts. Ex. P-494e—Office charge slip of Irving L.

Fisk made out in the name of Houde Engineer-

ing Corp. Received in evidence at Fol. 4614... 2854

Dfts. Ex. P-495—Financial statement of New

York Car Wheel Co. to defendant Bank dated

April 18, 1928. Received in evidence at Fol.

Ore eee at oes bak hub kame he kw A 2855

Pl. Ex. P-510—Certificate of deposit of defendant

Bank to H. L. & G. H. Chisholm for $1,044,-

849.04, dated Oct. 25, 1928. Received in evi-

ere ee eee 2541

XLIX.

Pl. Ex. P-511—Correspondence between Plain-

tiffs, their counsel and defendant Bank. Re-

Found in

Exhibit Book

at Page

ceived in evidence at Fols, 1585-6............ 2542 et seq.

Dfts. Ex. P-515—Ledger sheet of defendant Bank

covering deposit account of Syndicate Man-

agers.. Received in evidence at Fol. 3523......

Pl. Ex. P-517—Carbon of letter Syndicate Man-

agers to Wyckoff, dated Dec. 5, 1928. This is

art of Plaintiffs’ Ex. P-194 for identification.

eceived in evidence at Fol. 1441.............

Pl. Ex. P-520—Letter Rea to Buffington, dated

July 26, 1928. Plaintiffs’ Ex. P-55 upon the

taking of the depositions is a photostat of P-520.

Received in evidence at Fol. 1680 (and see 4426)

Pl. Ex. P-534—Letter Sawyer to Buffington, dated

Oct. 27, 1928. (This is the original of which

Plaintiffs’ Ex. P-73 for identification on the

depositions is a photostat. Received in evi-

NS PU SUE ccatutedvacugucvaebarkasss

Pl. Ex. P-535—Carbon of letter Syndicate Man-

agers to defendant Sawyer, dated Nov. 14, 1928.

This is a part of Plaintiffs’ Ex. P-193 for iden-

tification. Received in evidence at Fol. 2448...

Pl. Ex. P-536 (Id.)—Carbon of letter Mr. Randal

to the defendant Sawyer, dated Aug. 18, 1938. .

Pl. Ex. P-537 (id.)—Subpoena duces tecum served

on Wyatt D. Shultz during the trial of these

SUE 554 Wen cnunebkeVegn dhs anbladinese css snus

Pl. Ex. P-542—A copy of receipt (Exhibit C to

complaints) with defendant Bank’s undertak-

ing (signed by defendant Wurst) to see that

balance of purchase price for decedent’s Houde

stock would be paid in accordance with terms

of receipt. Received in evidence at Fol. 2900

(and see statement at 2971)

eee ee ee a Ca Ah ee! ey trates

2857

2560

2561

2563

2564

2565

2565a

Pl. Ex. P-547—Carbon of cable, G. H. Chisholm to

A. B. Shultz, dated Sept. 29, 1928. Received in

OE OE OAs, SI a cos 8 8d kK eee eens

Pl. Ex. P-550—Carbon of radiogram, Peo to A.

B. Shultz, dated Oct. 13, 1928. Received in evi-

UN ON Te Be hice inks ask

Pl. Ex. P-551—Carbon of letter, Peo to A. B.

Shultz, Paris, France, dated Sept. 28, 1928,

Received in evidence at Fol. 2936.............

Pl. Ex. P-552—Cable from A. B. Shultz to Houde

dated Sept. 28, 1928. Received in evidence at Fol.

DOO Hedeuknabnn dau Ge ieed ceded Ul Lk.

Pl. Ex. P-554—Cable from A. B. Shultz to Houde,

dated Sept. 27, 1928. Received in evidence at

FO TOO i 5.ivhspsdi ial cave

Pl. Ex. P-555—Carbon of cable to A. B. Shultz in

Paris, dated Sept. 25, 1928, with typewritten

signature ‘‘ Dave.’’ Received in evidence at Fol.

WOO ss kc Sahin ti cds Geeta Lee

Pl. Ex. P-556—Carbon of cable, Houde Company

to T. Archer Morgan, dated Sept. 25, 1928. Re-

ceived in evidence at Fol. 2938...............

Pl. Ex. P-561—Carbon of cable dated Oct. 9, 1928,

addressed to A. B. Shultz, in Paris, with type-

written signature ‘‘Dave’’. Received in evidence

We pe WU ried eed dade phe cubuT eee es

Pl. Ex. P-565—Exemplified copy of Articles of

Association of Houdaille Corp., schedule of

property and agreement of consolidation be-

tween Houdaille Corporation, Oakes Products

Corporation and Hershey Corporation form-

ing Houdaille-Hershey Corporation, Statement

of franchise taxes, fees, etc. Received in evi-

PON BE PO. TING x, 6s dave sh wasvceel ci.

Pl. Ex. P-566—Copy of New York State Income

Tax return of the defendant Cooley for the

year 1928. Received in evidence at Fol. 3053. .

Pi. Ex. P-568 (id.)—Statement of assets and lia-

bilities of A. B. Shultz, June 3, 1932

os @ 3.66.0 6 @

Found in

Exhibit Book

at Page

2568

2569

2570

2573

2574

2575

SOS

LI.

Pl. Ex. P-569—Exemplified photostat of applica-

tion of Houdaille Corp. filed with Michigan Se-

curities Commission, together with photostat

copies of Preliminary Circular No. 3 and State-

ment ‘‘Bankers Commission on Sale of Hou-

daille Corporation Stock’’, filed in connection

with said application, ete. Received in evi-

dence at Fol. 3082 (and see statement at 4868-

2. 8 w-8 O86 6 66°44 SS 68 6 OO HKEBESSECHRESAV APD OFF

Pl. Ex. P-571 (id.)—Annual report of the defend-

ant Bank to stockholders dated January 8, 1929.

(See stipulation at 3590.) .......ccerceccess

Pl. Ex. P-572—Carbon of resolution adopted at

meeting of Directors of defendant Bank, on

Jan. 9, 1928. Received in evidence at Fol. 3619.

Dits. Ex. P-577—Letter Irving L. Fisk to defend-

ant Wurst, dated Dee. 5, 1928. Received in evi-

Gumoe OF FOL. CID ovine cs innnnd cased can peees

Dfts. Ex. P-578—Carbon of unexecuted life insur-

ance trust agreement between A. B. Shultz

and defendant Bank, dated December .., 1928.

Received in evidence at Fol. 4706 ............

Pi. Ex. P-577-a (id.)—Carbon copy of letter Mr.

Randal to Harris, Small & Co., dated Sept. 12,

DUO Ldwuvin ec eeunseacGarsuncs sash wcces Take

Pl. Ex. P-578a (id.)—Letter from Melville C.

Mason of Beaumont, Smith & Harris to Mr.

Randal, dated Sept. 21, 1938 .......ccccccecee

P]. Ex. P-579—Photostat of list of investments

of New York Car Wheel Co. dated Dec. 31,

1926 (the original of this exhibit is on file in

the Erie County Clerk’s office). Received in evi-

dence at Fol. 5504

SCRE CHOARE HS PH CASCCEO TS Oe EO

Found in

Exhibit Book

at Page

2582

2588

2858

2590

2859

2860

2591

LIT.

Exhibit Book

Pl. Ex. P-580—Typewritten copy of article ap-

pearing in Buffalo Evening News, dated Oct. 26,

1928. Received in evidence at Fol. 5553 ......

Pl. Ex. P-581—Page 145 of the personal account

book of the defendant Cooley. (Other pages

from this same book were received in evidence

as Plaintiffs’ Exhibits P-363a/d and Defend-

ants’ Exhibit P-363e.) Received in evidence

ne ia wie kan cicaes

Pl. Ex. P-582—Page 146 of the personal account

book of defendant Cooley. (See Plaintiffs’

Exhibit P-581, supra.) Received in evidence

| CS ie aR rig een peeps

Pl. Ex. P-583—Exemplified photostat of petition

of defendant Wurst to the U. S. Board of Tax

Appeals, verified Apr. 11, 1931. Received in

RR ree ere Ser

Pl. Ex. P-591—Daily statement of condition of

defendant Bank dated Oct. 25, 1928. Received

Sy ween GE TON. GOD givin oid ei oe

Pl. Ex. P-592—Subpoena duces tecum, dated Mar.

28, 1940, directed to Louis L. Babcock, with

affidavit, upon which it issued. Received in evi-

6859) at Fol. 6772 (and see 524-6, 6770-71 and

Ng tie, Welch de dsehin £8 igh oe Carat

Plaintiffs’ Exhibits (unnumbered received in evidence at

Fol. 6661) consisting of minutes of Executive Com-

mittee of defendant Bank’s Board of Directors for fol-

lowing dates:

_, 3 SARE eae

MN TE WE a oak cock omc cwuies tees

a | EEN re ears,

Dee. 12, 1928

- yar SERS

DSLR ISON EE TIE SRR TEA IES EIN RI IEE OS EEL OEE OER LOTR LE LIS OER TE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.