The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-15
u. y. Cl-cutt Court.
Before Judges Nelson and Belts,

/ Os Ss OA.cut NOur.
| Before Judges Nelson and Belts
| HIGHLY INTERESTING STEAMSHIP CAsE-APPLIcArIoN
| FOR AN INJUNCTION ON THE STEAMSHIPS OHIO AND
| GEORGIA.
| G. Soo, of the State Of Ohio, mplsnsnt, and
George Law, Marshall o. Roberts, Prosper M Wstmore
Edwin Croswell and Bowers r. Mcvaine, Of the State
| Of New York were defendants.
Mt N. DIckrRsos read the allegations Of the bill
brought BY Mr. Sloo who complains and says, that on
or about the third day Of March, 1S47 act entitled
An act providing for the building and equipment Of
four naval steamships" passed by the Congress of
sident wherein it was among other things, enacted
THAT from and after the passage Of this
act shall be the duty of the Secretary the Navy
contract the part Of the government the United
States with A. Sloo, Of Cincinnati for the Transport
tation of the United States mail from New York to New
Orleans twice month"; and back. touching at Charles
ton III practicable) Savannah, and Havana, and from
said mail to be transported In at least Ave steamships
OF not ers than fifteen hundred tons burden and pro-
PEELED by engines of not less than thousand horse
each to be constructed under the superinten-
dsbcs direction of naval constructor in the en-
poy of the Navy Department and to be constructed
Is te render them convertible At the least possible
psnse into steamers Of the first class" And also
that ~ he Secretary OF the Navy may at his discretion
burden and engines proportion to be emf loyed in
the all service herein provided for between Havana
and as by reference to the said public act will
about the Goth day Of April 1S47 your orator entered
into contract with the Secretary of the Navy Of the
United States whereby your orator covenanted aud
sgreed among other things that he would establish nd
build line Of i've steamships Of not less than fifteen
hundred tons burden each for the transportation Of
the United States mails from New York New Orleans
twice month, and back that he would have two Of
the raid steamships completed and ready service on
before the first day of October lsls that would
have other two completed and ready for service
build and complsts the fh steamship to be not less
than d. hundred tons burden according to the drec-
tons and instructions OF the Secretary Of the Navy Of
the United States or before the said last mentioned
day and that he would sheath said ships with cop
Of approved quality by reference to said agree
bound himself his heirs executors sdministrators and
assigns to the United States Of America in the penal
full, and perfect fulfment Of the said contract
In 1S47 complainant entered into an agreement with
the said the jsint benefit Of ALL that Law
Roberts Wetmore and Croswe did agree to build said
BE- repistered in their thar dsfsnasn nnSsr
took the construction Of two steamships to be called
the Georgia and Ohio but that in the summer Of 1sas
they became unable to with the same that the
said Law Roberts and Mclvaine, fearing the contract
would be broken, determined to the construc-
ton Of said ships In their characters trustees and for
| that purpose procured modification Of compainant's
contract to them as assgnees; in August 1S4s, they
procured the insertion OF clause in the act Of Con-
gress of the United States entitled Act making ap-
propratons for the naval service for the year ending
forty nne providing that the Secretary OF the N1yy
Of the United States should make certain advances to
the said sssgnees for the purpose Of enabling them to
finish the ships already commenced and In process of
completion; that they received various # money
to the amount Of two hundred and ninety thousand
|
| Wstmore who at that time Navy Agent Of the
United States for York. and trustee the govern
SON. Secretary Of the Navy convey ing the steamships
Ohio and Georgia to the said Wstmore nevertheless
employ them in the execution Of the contract Com
painant that he is entitled to follow the money
received BY the trustees, they obtained further mo-
namely, that the steamship Falcon, their individual
property ,heuld be received BY the government in lieu
been Transporting mails OF the United States between
New York and New Orleans and Havana and Cha
gree, since December lsas, and has been carrying
passengers and freight, under the management
of Law and Roberts, who have been receiving
vices at the rate Of 5000 per month, and $4,000
per month from freight and passengers; complainant
Insists that he is entitled to one half OF the earnings
Of the Falcon after the payment the expenses that
the trustees have not coppered the Ohis which they
were bound to Do that they combining to dct.- the
complainant, registered the Ohio in their panes NJ
individuals and that they owned IT aud that they
mort gagged the ship TO the government that said re-
gstraon sa breach Of trust that the ship the pro-
perty OF the trustees and assgnees Of complainant
that the defendants have not rendered quarterly
count, as they are bound TO do But your orator
pr.ssly admits that Bowles II. NcIlvane one Of the
said trustees, has at all times evinced good faith to-
ward your orator and so lar he has been permitted
by hts co.trusteee has his part complied with the
obligations of his trust but the said other parties In
and action, a trustee, TO It's full extent And
your orator expressly charges that Mcilvsins was
chosen by your orator as the special representa-
tive Of your orator In the raid trust. And your
crater further showeth unto your honers, that the
taid trustees have held but one meeting, at
which time they mortgsged the ships Ohio and 0eor-
gia that the said Moilvane has often endeav
procure meeting without success, that the eighth
day OF october, In the present year he addressed
communication, In writing TO his oo.trustees, calling
meeting Of the trustees for the purpose Of auditing
counts and trans acting other business OF the trust
that the said Koberts replied in writpg TO the ssid
Mcvaine declining to meet with him for the said pur-
and irlsmos HIM that tn. ship Ohio was not
gun: at which very day the said chip Ohio
porting the mail from New Orleans TO New York. under
as .eAtf. h. L.
H. Sohenck, officer Of the United States navy ap.
pointed by your orator, according TO the deed Of
Trust. 10 command the said ship aud In conformity
with the act OF Congress authorizing the said
And orator shDveth that the said trustees totally
the business a the trust that the said trustees we're
bound under their deed Of rust and covenant to pay
your orator the sum Of SIX thousand Eve hundred
dollars quarterly after the commencement Of the
vice agreed 20 be Performed but that the trustees
have not complied with this condition Of their trust
and have not paid to orator any money whateys
frem the earnings 81 the said ships although they have
received large credits from the government
of your orators ,sid contract that def ndants have
mace default. and violated their contract that the
aid contractors bad not mp TO June last advanced
more than one hundred and ninety thousand dollars
for the construction Of the chips, which will more
than Elk hundred thousand dollars and that complain
an viii suG.r irrersrable damage IL the construction
ret proceeded With and unless eiver be
ed forthwith by this honorable court to take charge Of
th STEAMSHIPS their frcights. earnings aud mai pay,
steamship Ohio and Georgia, and 60 comply In other
thsgs with the condition Of your orators contract
OF your orator deed OF
the Secretary Of the Navy Of the United States will
snnui Jour orators said contract and withdraw the
msf and officers Of the United States from the raid
service and that for these injuries your orators
dy BY an action for damages IL wholly inadequate;
that the said Law, wetmore Roberts and CroswsI
fuse toeomplJ with compaipabts request aud he ex-
pressy charges. that the advances Of the governmsb
were made 20 them on account Of pIausnts con-
tact as rrsys that account may BE- taken, under
the Cout q the moneys receives aud paid and that
Law and Roberts may be removed froni their Office as
trustees and that u be referred TO Of the Masters
Of this Court TO ppont two disinterested and t per-
cons scnsvth the said Bovlss Mclvsine; and that In
the MEANTIME esme person may be appointed 70 take
pctsesston the Ohio Georgia and Falcon and 20
ceve the trniDgs ~ the and that Law, Roberts
and Mcllvsne be restrained, by an injunction, from
Interfering With sad receiver; and that toe ship
be registered in the names Of the trustees re-
cever spponed BY the Court And with regard TO Wet
more, Law, Roberts and Jrosweli complainant prsy
that thsir contract may be decrted to be terminated
spa that the Alignment may b. re- signed free and
cl,sr from any Zen right Of them the sd defsuns