1187 1188 MIDDLETON S. BORLAND, recalled, testified as follows: I am secretary of the Dry Dock, East Broadway & Battery Railroad Company and have been secretary of this company since January 13th, 1908. I have in my possession the minute books and other records of the company, and from these records and my personal acquaintance with the affairs of the company I am able to state that 11,242 shares of the capital stock of the Dry Dock, East Broadway & Battery Railroad Company are now owned by the Central Trust Company of New York as trustee, and a certificate for that amount has been duly issued to the Central Trust Company of New York as trustee for this amount of the capital stock. The total capital stock outstanding of the Dry Dock, East Broadway & Battery Railroad Company is $1,200,000, being 12,000 shares of the par value of $100 each. I am also secretary of the 42nd Street, Manhattanville & St. Nicholas Avenue Railway Company. This company has an authorized capital stock of $2,500,000, consisting of 25,000 shares of the par value of $100 each; of this capital stock, the Central Trust Company of New York, the complainant in this suit, is the owner of 16,646 shares, and has a certificate issued to it for this amount of the capital stock. Frederic J. Fuller. The directors of the Dry Dock, East Broadway & Battery Railroad Company are the following gentlemen: Arthur Coppell, President; George W. Davison, Treasurer; Middleton S. Borland, Secretary; Henry Graff; E. Francis Hyde; R. Britton Irwin; George W. Linch; John Beaver and Edward A. Maher. The directors of the 42nd Street, Manhattanville & St. Nicholas Avenue Railway Company are the following gentlemen: Franklin L. Babcock, President; George W. Davison, Treasurer; Middleton S. Borland, Secretary; Adrian Iselin; John Beaver; Thorwald Stallknecht; Frank B. Smidt; Harry Bronner; W. H. Ludlam; F. W. Livermore; M. Ferguson; James N. Wallace and Oscar L. Coles. Each of these gentlemen hold five shares of the stock of the companies of which they are the directors, as above stated. 1189 1190 FREDERIC J. FULLER, called and sworn as a witness on behalf of complainant, testified as follows: Direct-examination by Mr. Borland: Q1. Mr. Fuller, are you an attorney at law? Q2. With whom are you connected in business? Q3. It is stated on page 17 of the amended and supplemental bill of complaint in this suit that the mortgage under foreclosure herein, being the first consolidated 4 per cent. mortgage of The Third Avenue Railroad Company, was recorded on the 1191 1192 1193 1194 Frederic J. Fuller. 18th day of May, 1900, in the Register's office of the County of New York, in Liber 9 of General Mortgages, page 235. Have you looked at Liber 9 of General Mortgages at page 235 in the Register's office in the County of New York? A. I have. Q4. And what record did you find in that liber at that page? A. I found the record of The Third Avenue consolidated mortgage, which is under foreclosure in this suit. Q5. Referring to paragraph 4th of the amended and supplemental bill of complaint in this suit, it is alleged therein that the consent of the stockholders were at least two-thirds of the entire capital stock of The Third Avenue Railroad Company, and the consent of the Board of Railroad Commissioners of the State of New York to the execution of the mortgage under foreclosure in this suit were recorded in the Register's office of the County of New York: Is that a true statement? A. It is. Q6. And how do you know that? A. I examined Liber 9 of General Mortgages in the office of the Register of the County of New York and found recorded on pages 232, 233 and 234 of this liber such certificate of consent of the stockholders and the consent of the Board of Railroad Commissioners. Q7. And the consent of the stockholders that you refer to as recorded in Liber 9 of General Mortgages and the consent of the Board of Railroad Commissioners which you found in Liber 9 of General Mortgages are the same papers as are printed at the end of the first consolidated mortgage which |