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and then the office was moved to 38 Nassau Street.

Q9. There was no separate businesses carried on after this merger?

A. No, sir.

Q10. You account for the issuance of these receipts in the name of the State Trust Company then by the fact that they continued to use the same receipt book with the name State Trust Company printed in it?

A. Yes, sir.

Q11. And the receipts were, in fact, issued by the new company which was the result of the merger of these two companies?

A. Yes, sir.

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Mr. Borland: I offer in evidence this agreement made between the Morton Trust Company and the State Trust Company, certitied copy received from the Morton Trust Company, with the proceedings containing the merger printed on the back of it, all certified to by the certificate of George I. Skinner, as Superintendent of Banks of the State of New York, the certificate stating that these are true copies of the merger agreement of the Morton Trust Company with the State Trust Company, anl the accompanying papers on file in the Banking Department, filed there April 26th, 1900, the certificate bearing date March 14th, 1901.

Same is marked Complainant's Exhibit 2.), J. A. S., Sept. 30th, 1908.

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By Mr. Perry:

Q12. Jr. Burke, what was your business in May, 1900

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I have computed interest at 4 per cent. on $37. 560,000 worth of bonds, the installment of interest which became due on January 1st, 1908, for the six months ending on that date, amounting to $751,200. The interest from the 1st of January, 1908, on the same amount, figured at 4 per cent., to and includ. ing to-day, September 30th, 1908, amounts to $1,126,800, making a total of interest at 4 per cent., figured on an issuance of $37,560,000 of principal from July 1st, 1907, to and including September 30th, 1908, of $1, 878, 000, which is the total amount of interest due on the outstanding bonds at this day.

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Q. Mr. Hyde, I show you Exhibit 23 for identification of this date and ask you is that a true copy of the charter of the Central Trust Company of New York?

A. This Exhibit 23 is a true copy of the charter of the Central Trust Company of New York.

Q. Mr. Hyde, did the ('entral Trust Company of New York, of which you have testified you are the vice-president, have a capital and surplus of at least one million and a half of dollars on the 27th day of December, 1907?

A. It did.

Q. Did it, as a matter of fact, have a capital and surplus together largely in excess of that amount.

A. It did; in excess of $15,000,000.

Q. Mr. Hyde, what was the capital and individed profits of the Central Trust Company of New York on the 31st day of December, 1907?

A. The capital was $1,000,000 on that date and the undivided profits were $11,527,374.05 on that date.

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Mr. Borland: I offer in evidence the charter of the Central Trust Company of New York, being an Act of the Legislature, Chapter 832 of the Laws of 1873, passed June 25th, 1873, the original law being filed in the office of the Secretary of State of New York.

Marked Exhibit 23, November 13, 1908, J. A. S. Ex'r.

Mr. Borland: I also offer in evidence an Act of the Legislature, being Chapter 300 of the Laws of 1871, passed April 30th, 1871, amending the charter of the Central Trust Company of New York; and I also offer in

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Q. Nr. Ilyde, referring to the receipt given by you as vice-president of the Central Trust Company of New York to the Morton Trust Company, dated December 28th, which has been offered in evidence in this suit, will you examine that receipt and say whether or not you took from the Morton Trust Company of New York the various certificates of stock mentioned therein, for which you signed the receipt?

A. I did.

Q. Mr. Hyde, do you know whether or not the various shares of stock and the bonds of the 42nd Street and Manhattanville Railway Company mentioned in this receipt are now in the possession of the Central Trust Company of New York?

1. They are.
Q. You have seen them there, have you?
A. I have seen them there.

Q. And how are they held by the Central Trust
Company of New York, if you know?

A. They are held in its capacity as trustee under the general mortgage of the Third Avenue Railroad Company

Q. Is this part of the personal property pledged under that mortgage?

1. It is

Q. Referring to three real estate mortgages as the same are set forth on page 51 of the amended bill

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