The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-23

action. mat sometime IN the year l64O, ono Rich-
tho said American Art Union, By its then name Of
the Apollo Association; that he subscribed thereto
for the purpose Of promoting the fne arts in the
United States, and that he has continued to be such
member and subscriber yearly, and every year, for
the purpose last mentioned thenoeforth and during
the year 1851 and has, during all the time last aore
said duly and regularly in things confronted to the
charter constitution bye laws and regulations of the
said association and has duly and regularly each year
into the funds ofsad association for the sole purpose
aforesaid and in the full belief Of the integrity of
the said several Committees of Management Of tho
said association, and that they would faithfully and
in lawful manner execute the trusts and duties be-
longing to their offices as members Of such commit
tee, and would not waste or misapply the funds of
the said association or violate the constitution and
laws Of this State. That said Richard NJ. Hoe did,
on the twenty-eighth dry Of May, 1851, pay and
subscribe to the funds of the said association, the
sum Of IS. That the said last named Committee of
Management, and the members thereof. did not
faithfully and in lawful manner execute the trusts
and duties belonging to their Offices, members Of
such committee, and have wasted and misapplied
the funds of the said association and acted that
the charter Of the said association their personal
representatives or assigns, are entitled after pay
ment of all debts Of the said association to disri
button of the property, real and personal of the said
association, according to the amount paid in by each
member into the funds Of the said association. The
plaintiff further shows that all the matters above
alleged are averreu upon the information ana Deet
of the plaintiff That by an instrument in writing,
under the hand and seal of the said Richard M. Hoe,
dated the twentieth day Of February, 1852 the said
Richard NJ Hoe assigned to the plaintiff all his right,
title and interest, Of in, to, against the property
and effects of the said association the said defen-
dants in respect of the payments by the said Richard
NJ Hoe, made to the funds Of the said association.
That the plaintiff is now the rightful holder and
owner of the interests of the said Richard NJ. Hoe,
which he had the twentieth day of February, 1852,
and is entitled to all the rights and privileges in
spect of the payments made to the funds of the said
association by the said Richard M. Hoe, in as full
and beneficial a manner as the said Richard NJ
Hoe would or might have possessed the same, if
the said assignment had not been made by him.
The plaintiff further shows that under the provi
sions of the amended charter of said association
the subscribers thereto have no power to take the
property and effects Of the said association out Of
the hands of the said Committee Of Management.
That if meeting Of said subscribers and share
holders could be convened for that purpose, they
have power or authority to elect more than seven
members of said committee, and fourteen members
of the Committee of Management who have COM
mitted and who have threatened to commit, the
waste and misapplcation Of the funds and property
of said corporation, will remain in Office under
said charter, and will continue to be n majority
of said committee; that said Committee Of Manage
ment having direction of the affairs Of said
corporation, will not institute, suffer to be in
stituted, in the name OF the said corporation,
against themselves or any of them, any action to
to account for, and make satisfaction to the mem
bers Of said association, for the funds and property
thereof wrongfully, and unauthorisedly, and know
ingly, and wilfully wasted Incorporated, nor
for the abuses of the rig hts and privileges Of the
shareholders therein; nor to prevent the said COM
mittee from making the distribution, by means of a
lottery of the large part Of the property of said cor
p0ration, which they threaten to make on the said
thirtieth day OF March, 1852; that the persons
who constituted the Committee Of Management, and
who are defendants herein have the control Of said
corporation; and that action to correct to pre-
vent the waste misapplication Of the corporate
property or funds can be brought in the name OF
said corporation and that the wrongs done, and
threatened to be done, can DO redrcssed only by
an action by the shareholders in, or members OF,
said corporation. The plaintiff further shows that
he is greatly apprehensive that the said Committee
of Management of said association will make such
illegal and unauthorized distribution of the paint
ings and works Of art belonging to said association
by lot, by means Of lottery the said thirteenth
day of March, 1852 or at some time during the pen.
dancy Of the action, unless they shall be restrained
from so doing by the preliminary injunction
order of this court. The plaintiff, therefore.
prays judgment that an account may be taken
of all monies received by John l.. Ridner William
J. Hoppin, Abraham NJ. Cozzens, Marshall O.
Roberts, Frederick A. Coe, Charles p. DAILY, Ma
hanie Jarvis, Jr., Robert Kelly, Andrew Warner,
Benjamin H. Jarvis John II. Austen, William II.
Appleton. Eyert A. Duyckink, George Tredwell.
George W. Austen, William A. Butler, Henry j..
Raymond, Erastus c. Benedict. William b. Deem,
George Curtis, Charles II. Russell, or any of them,
or by any agent or agents appointed by them, or
appointed by or acting for said association during
the time the parties above named have constituted
Or acted as the Committee of Management thereof,
for the of the said corporation association
which, but for ;hcir wilful default might have been
received and of all expenditures appropriations
made thereof. or Of any part thereof, That an ac-
count Of the losses and expenses sustained or incur
red by the fund or property of said corporation by,
through or in consequence of any improper I'M
authorized and Illegal dealings or transactions of the
said defendants or any of them in the name of said
association otherwise. with the moneys lands and
property Of the said corporation may also be taken
and that the said defendants, such of them. a
may be justly liable to make good the same. may be
justly liable to make good the same. may be re-
slcctNey adludged to pay the amount thereof.
That an account may be taken Of all the property
and effects Of the said corporation, and that sufi-
cient part of said property may be applied i'll
iquidating the debts and existing liabilities
Of said corporation. and the residue secured
FOR it, benefit to protect the just rights
and interests of the shareholders therein That
Tor tins purpose, 4 receiver may be appointed
TO take possession Of recover and get IN the lands.
property and effects Of the said American Art Union:
ard that the defendants above named, and each Of
them may be ordered by the court TO deliver up
such receiver the property aud effects of said
Iolaton. and all books oaccouut. deeds. documents
munimcnts. and vouchers belonging to said corpora
ton. And that the said defendants may be restrain
cd by injunction order from disposine Of or
rutting M in any way on manner to be disposed Of
hy any lot or chance, any pictures. works Of art
other property belong 10 the said American Art
I non ~ under their control. and from making dis
t,ibution on the thrticth Of March. 1852 n an
npunced or published. until the further rule 81 the
court That it may be further adiudgcd that
the olject and purposes Tor which the said corpora
ton was established. have failed through the
neglect and misconduct Of the defendants, and that
after the payment Of the debts and liabilities pro.
pcrly incurred by the defendants behalf Of the
said corporation. the property OF said corporation
may be disposed OF under the direction OF the court
and its proceeds divided and distributed between
the shareholders Of said corporation. according 10
ther respective rights and interests therein. And
that the defendants may pay the costs Of CHS action
or that the plaintiff may have such other OF such
further relief the may entite him to. OF a
to the court shall seem proper.
BENJAMIN GtLBRAlTH, Plth's At'v.
CHyoad Copaiyof Ncw York. ,s.--Jamcs Gordon
Bennett. Of the said city, being duly sworn. says,
that he has read the foregoing complaint and knows
the contents thereof; and that the same i, true. Of
his own knowledge. except as to the matters which
are therein stated 10 be information and