425

370

Mar 4th [8]6
M.J. Cochran Esq
Dear Sir

I have made demand on the
Co. and on the Directors I could find and threatened suit. I have had no answer to my demand
The certificate of payment of stock being false the
Stockholders may be liable. The Directors are lia
ble and would I think settle if sued. The certificate
that the stock was issued in payment for the mine
was dated April 5th 1881 and filed in the County Clerk
Office here on May 19th 1881. I think the best course
would be to proceed against the Directors upon their
statutory liability. I dont think they will conclude
they are liable until they are sure for they think that
the recent filing of an annual report relieves them. I am
informed by the Secy of the Co. that the Co. has no
money in its Treasury and has not had any for years.
Mallard [Millard?] intimated to me that if suit was brought the
Directors would put their hands into their pockets and
buy back the mine by paying the judgment. I will
let you know if I hear any thing farther from them

Very truly
J.C.F. Gardner

[bottom]

Mar 8th [8]6
Philip W. Holmes Esq
Dear Sir

In the case of Pearl vs Andrews it
will be necessary for me to use the books hept
by you as secretary for the Committee of Miss
ouri Pacific Stockholders, and I hereby give
you notice that I shall require you to
produce those books, at the trial of this
cause, and warn you against letting
them go out of your possession.

Very truly yours
J.C.F. Gardner