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THE THIRD AVENUE RAILROAD

COMPANY, New York City Railway Company; Adrian H. Joline and Douglas Robinson, as Receivers of the New York City Railway Company; Metropolitan Street Railway Company; Adrian H. Joline and Douglas Robinson, as Receivers of the Metropolitan Street Railway Company; The Pennsylvania Steel Company, The Degnon Contracting Company, and Morton Trust Company, Trustee under

Mortgage dated March 21, 1902, made by the Metropolitan Street Railway Company,

Defendants.

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To the Honorable Judges of the United States Cir

cuit Court:

The petition of Central Trust Company of New York, the complainant herein, respectfully showeth:

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I. That your petitioner is the complainant ini this suit, having filed its original bill of complaint in this court on the 3rd day of January, 1908, the said suit having been commenced for the foreclosure of a certain indenture of mortgage executed by the defendant The Third Avenue Railroad Comipany to Morton Trust Company, as Trustee, to secure an issue of bonds not to exceed Fifty million dollars ($50,000,000), under which mortgage there have been issued and now are outstanding bonds to the amount of Thirty-seven million five hundred and sixty thousand dollars ($37,560,000), which

mortgage bears date the 15th day of May, 1900, and 329

was recorded in the Register's Office of the County of New York on the 18th day of May, 1900, in Liber 9 of General Mortgages, page 235. That the Cen tral Trust Company of New York was duly substituted as Trustee for said Morton Trust Company, named as mortgagee in said mortgage, in accordance with the terms and provisions thereof, by proceedings duly had on or about the 27th day of December, 1907. That said original bill of complaint was filed for the foreclosure of said mortgage, alleging default in the payment of the semi-annual

installment of interest which became due and pay. 330 able on said outstanding bonds secured by said

mortgage on the first day of January, 1908.

II. The following are the appearances of the several defendants herein by attorney :

The Third Avenue Railroad Company by Messrs. McCabe, Davis & Kernan, their solicitors;

New York City Railway Company, by James L. Quackenbush, Esq., its solicitor;

Adrian H. Joline and Douglas Robinson as Re. ceivers of New York City Railway Company, and also as Receivers of the Metropolitan Street Rail

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way Company, by Messrs. Masten & Nichols, their 331 solicitors;

The Pennsylvania Steel Company, by Messrs. Byrne & Cutcheon, its solicitors;

Morton Trust Company as Trustee, hy Bronson Winthrop, Esq., its solicitor.

The defendant The Legnon ('ontracting ('ommany has not appeared in this suit by any solicitor. Vone of said defendants has answered or demurrel to said bill of complaint, fileul as aforesaid on Janvarv 3rd, 1908.

III. The facts which make the amendments taire in the proposed amended and supplemental bill of cornplaint, hereto annexed, necessary, are as follows:

By the terms of the said mortgage under foreclosure, a semi-annual installment of interest became due and payable on January 1st, 1908; the mortgage further provided that should said interest remain in default and arrears for ninety days, the Trustee. the complainant in this suit, might elect that the principal of said bonds outstanding might thereupon be imme:liately due and payable, and that foreclosure to collect said principal might thereupon be had by the complainant. Said interest remained in arrears for the period of ninety days, so that on April 2nd, 1908, this complainant made a written formal demand upon the defendant, The Third Avenue Railroad Company for the payment of said principal, and said demand has not been complied with and said principal has not been paid 1!0! any part thereof.

The amended and supplemental bill further contains a statement of other property covered by the l'en of said morigage under foreclosure, or pledged hereunder, which was not mentioned or set forth in said original bill of complaint, and amends the

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WHEREFORE, your petitioner, the complainant in this suit, respectfully begs leave to file its amended and supplemental bill of complaint, in the form hereto annexed, against the said defendants ebove named, and each of them, for the purpose of setting out the additional matters above set forth, and with proper and apt words to charge the said defendants, and each of them, as such in regard thereto, and containing such prayer for relief as may be proper, and for such other and further relief as may be just and equitable in the premises.

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E. Francis Hyde, being duly sworn, deposes and says: That he is a vice-president of said Central Trust Company of New York, the complainant ini this suit, and the petitioner named in the foregoing petition; that he has read the foregoing petition and knows the contents thereof, that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and be lief, and that as to those matters be believes the same to be true.

That the seal affixed to said petition is the mortgage seal of said complainant, and was affixed thereto by authority of its Board of Directors.

That the sources of deponent's information and the grounds of his belief as to all matters not stated of his knowledge are statements made to him by the counsel of the complainant in this action.

338.

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