"The Plaintiffs' Interrogatories.
"The
plaintiffs then asked to submit the following interrogatories
in case the jury made a general verdict, which were submitted
to the jury, and answered as follows:
"1.
Was not the Chicago and Indianapolis Air Line Railway Company
incorporated under the laws of the State of Indiana on the
27th day of January, 1880? Answer. Yes.
"2.
Was not the railway company mentioned in the preceding
question consolidated with the Chicago and Dyer Railroad
company, a corporation of the State of Illinois, on the 29th
day of January, 1880, under the name and style of the Chicago
and Indianapolis Air Line Railway Company, by articles of
consolidation? Answer. Yes.
"3.
Was not Henry Crawford a director in said consolidated
company last named? Answer. Yes.
"4.
Was not Henry Crawford the owner of five-sixths of the stock
of said company, and if not, how much did he own? Answer.
Yes.
"5.
Did not the defendants, James A. Simmons and Joseph P.
Ayleshire, have a contract for the construction of the
roadway of said consolidated company from Delphi, Carroll
county, Indiana, to Indianapolis, Marion county, Indiana,
purporting to be executed in the name of said Chicago and
Indianapolis Air Line Railway Company, by Henry Crawford on
the one part, and the said Simmons and Ayleshire on the other
part, bearing date June 28th, 1881? Answer. Yes.
"6.
Did not said Simmons and Ayleshire believe in good faith that
said contract was what it purported to be, namely, a contract
between them and said Chicago and Indianapolis Air Line
Railway Company? Answer. Yes.
"7.
Did not said Simmons and Ayleshire work upon the construction
of said roadway, believing in good faith that it was a valid
and subsisting contract between them and said company, and so
believing, were not said Simmons and Ayleshire at work upon
the construction of said roadway under said
contract in and during the month of May, 1882? Answer. Yes.
"8.
Were not the estimates made out in the name of said company,
showing the work of construction to have been done by said
Simmons and Ayleshire for said company, and was not that the
way in which their construction accounts were stated? Answer.
No.
"9.
Was not the estimate for the work done by said Simmons and
Ayleshire in the construction of said roadway for the month
of May, 1882, made out in the form and manner stated in the
last preceding question? Answer. Yes.
"10.
Did not said estimate for the month of May, 1882, show said
company to be indebted to said Simmons and Ayleshire in the
sum of $ 6,857.17, after deducting the
five per cent. reserved by said company? Answer. Yes.
"11.
Did not said statement show the reserve of five per cent. on
the cost of construction retained in the hands of said
company to be $ 11,996.22 at that time? Answer. Yes.
"12.
Were not these amounts the sums then due to said Simmons and
Ayleshire upon the work of construction prior to and during
the month of May, 1882? Answer. Yes.
"13.
Was not the Chicago and Indianapolis Air Line Railway Company
consolidated with the Louisville, New Albany and Chicago
Railway Company August 10th, 1881, the name of the
consolidated company being the Louisville, New Albany and
Chicago Railway Company? Answer. Yes.
"14.
Was not Marshall Morris the chief engineer of said
consolidated company, and superintendent of the construction
of the roadway thereof between said Delphi and Indianapolis
from March, 1882, until after the completion of the same?
Answer. Yes.
"15.
Was not said Morris acting in that capacity prior to and
during the month of May, 1882, and for some time subsequent
thereto? Answer. Yes.
"16.
Did not said Morris see said contract for construction, purporting to be between said Simmons and Ayleshire
and said Chicago and Indianapolis Air Line Railway Company,
and did he not know that said Simmons and Ayleshire were
working thereunder? Answer. Yes.
"17.
Did not said Morris have the knowledge referred to in the
previous question, prior to and during the month of May,
1882, and did not he see the estimates made before and for
said month, and subsequent thereto? Answer. Yes.
"18.
Did not the Louisville, New Albany and Chicago Railway
Company accept the work done as aforesaid by said Simmons and
Ayleshire, after said Morris had seen said contract and said
estimates of said work done upon said roadway? Answer. Yes.
"19.
Was not said Louisville, New Albany and Chicago Railway
Company served with summons as garnishee in this action on
the 15th day of May, 1882? Answer. Yes.
"20.
Are there not due from the defendants, Simmons and Ayleshire,
to the several plaintiffs herein, sums as follows:
To Albert W. Allemong, Louis Baer and
|
Frederick C. Henking
|
$ 1,334 10
|
To John and Edward Henderson
|
1,594 92
|
To John Doges and Wm. H. Andrews
|
1,818 11
|
To John T. Holliday, Frank J. Holliday
|
and Wm. H. Harvey
|
690 12
|
To Sylvanus M. Brandyberry
|
97 96
|
To James M. Kerr
|
832 76
|
"Answer. Yes.
"21.
Were not the defendants, Simmons and Ayleshire, non-residents
of the State of Indiana at the time of the commencement of
this action, and are they not still such non-residents?
Answer. Yes.
"The
Defendant's Interrogatories.
"The
Louisville, New Albany and Chicago Railway Company,
defendant, asked the following interrogatories, which were
submitted and answered as follows:
"Interrogatory No. 1. Do you find from the
evidence that the New Albany company paid Simmons, Ayleshire
& Co. any money for work done by them on the Air Line
after the consolidation? Answer. No.
"Interrogatory
No. 2. If you answer the first interrogatory, 'Yes,'
then state the amount paid and by whom paid, and the date of
such payment. Answer. --
"Interrogatory
No. 3. Do you find from the evidence that the New Albany
company had any dealings or transactions with Simmons,
Ayleshire & Co. after the consolidation, as contractors,
other than through Henry Crawford as the original contractor?
Answer. No.
"Interrogatory
4. If you answer interrogatory No. 3, 'Yes,' then
state what such dealings and transactions were, with whom
had, and when, as shown by the evidence? Answer. --
"Interrogatory
No. 5. Do you find from the evidence that the New Albany
company paid all money it paid out after the consolidation,
for constructing the Air Line road, to Henry Crawford?
Answer. Yes.
"Interrogatory
No. 6. If you answer the last interrogatory in the negative,
then state from the evidence to whom said New Albany company
paid such moneys, other than Crawford, after the
consolidation, and the amounts and dates of such payments.
Answer. --.
"Interrogatory
No. 7. Do you find from the evidence that the New Albany
company settled in full with Henry Crawford for all work done
in constructing the Air Line road? Answer. Yes."
