# Appendix — Shultz v. Manufacturers & Traders Trust Co.

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1942
- **Citation:** 317 U.S. 674

## Text

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.

1

[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.

=

2

[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.

3

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.

4

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,

—_—

5

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.

ee

6

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,

7

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.

8

[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.

9

[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.

10

[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.

.
a
—
aoe
ee

1l

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

ml

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

12

[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
300
2821,
13114
13114
18%
37%
18,
37%
371% 3714
20
PREIS 26234
2,176
2438.75
2175
263

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

13

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.

14

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

15

[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,

16

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
To
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.

17

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

18

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.

19

$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.

20

[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.

21

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].

22

[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]

23

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

24

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

-
25

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-

26

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

27

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.

28

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.

—
29

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.

st

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

X.

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’
Register of Buffalo Club, Oct. 12, 1928. Re-
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

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

a
—
Ray

Found in
Exhibit Book
at Page

2827

2452

2455

2459a

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. Recei

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA34086415_1277%3A3. Public record. Not legal advice.