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

Erastus G. Benedict, Henry .. RAYMOND, Lliam
A. Butler, Charles H. Russell, and George
TroadwelI, became and werc the Committee Of
Management Of and for the said association. That
the said last named Committee Of Management, on
tho I'D day Of December, 1850, being the Monday
next after the said last named annual meeting, held
. meeting, for the purpose Of elccting from among
their number the officers Of the said association for
the then next year, and that at such meeting tho
said defendant, Abraham N; cS.asns, was chosen
treasurer and the said defendants Erastus G. Bene
Dict William j. Hoppins, Frederick A. Coe, Andrew
Warner, and Benjamin IL. Jarvis, the Executive
Committee Of tho said association. That after the
said annual meeting last named, it became and was
the duty Of the said last named Committee Of Ma
nagement, among other things, to apply the net
funds of the said association first, to the purchase
or production Of fine engravlngs or other works Of
American art, and, secondly, to the purchase or
production of works OF American art, principally
paintings, and to cause an annual meeting Of the
said association to be held on the 18th day OF De-
cember 1851, being the Friday next before the
Christmas of that year; that on the said 18th day
of December 1851, the term Of Office Of seven Of
the individual defendants above named as members
of the said Committee of Management, ceased, and
thcy thenceforh ceased to be members of the said
Committee Of Management, but which seven of
the members of the said Committee is unknown to
the plaintiff, save that is other seven than the
seven elected on the twcn'y -frst day of December,
1849; that on the 23d day Of December, 1851, being
mas of that year. the term of Office of the said Off
Of the said association elected on the said 10th
day of December. 1850 expired. That the said Ro-
bert Kelly, Abraham M. Cozzens, Andrew Warner,
Marshall o. Roberts, Benjamin IL. Austin, Freder-
lick A. Coo, John II. Austin, Charles P DAILY, Will
liam H. Appleton, William J. Hoppn, Evart A.
Duyckink, Erastus c. Benedict, Henry J. Raymond,
William B. Deem, George w. Austin, George Cur
Tredwell, John p Ridncr and Nathaniel Jarvis, the
younger, while they were the Committee of Manage
ment of the said association in disregard of their du
ty in that behalf, did not and would not cause an
annual meeting of the said association to be held
the Friday next before the Christmas of the year
1851, and annual meeting of the said association
for the year 1851 has been hedor attempted to
be held, and the before mentioned members Of the
fec expired on the said Friday next before Christ
mas, 1851 and the said officers of the said assoca-
ton, whose term Of office expired on the Monday
next after tho Friday next before Christmas of the
year 1851, have not, have either of them, been
reelected have another Others been elected to
fill the places of the said members Of the said COM
mittee, and the said officers, or any or either Of
them, and that ever since the said Friday next be-
fore Christmas Of the year 1851 in violation of the
charter and constitution of the said American Art
Union, the Committee of Management of the said
association has consisted and still consists, of four
teen legal members and no more and since the
Monday next after the Friday next before Christ
mas, 1851 there have not been any officers, and are
not any officers of the said association legally
qualified to act in the affairs and of the
said association That since the said Friday next
before Christmas Of 1851, the said members Of
the committee, whose term OF office expired on that
day, Notwithstanding their terms of Office expired
ut the time and aforesaid have continued and
still continues to act as members of the Committee
ofManagement Of the said association in like manner
though their term Of Office had not expired.
That since the Monday next after the Friday next
before Christmas, 1851 notwithstanding their terms
Of office expired at the time and as aforesaid the
said Abraham NJ Cozzens has continued and still con-
tinues to act the President of the said association,
and the said Geo. w. Austin has continued, and still
continues, to act tho Treasurer of the said assoc
alton. That on, or soon after the 10th day of De-
cembcr, 1850 the defendants the said Robert Kelly,
Abraham NJ Cozzons, Andrew Warner, Marshall o.
Roberts, Benjamin II Jarvis, Frederick A. Coe, John
Fl. Austen. Charles P. Daily, William H. Appleton,
William J. Hoppin, Evert A. Dnyckink Erastus
George W. Austen, George Curtis, William A. But
Ter. Charles II. Russell, George Tredwell John z.
Rdner, and Nathaniel Jarvis the younger, by virtue
and under color of their Office, the Committee of
Management OF the said association them
selves Of real and personal property of the said Amer
lean Art Union, to the amount OF several thousand
dollars, hut what amount in particular the plaintiff
is unable to state. That since the said 10th day of
December, 1850, and until the Goth day Of December,
1851. the said last named defendants. such Com
mittee of Management. collected and received from
the members and the subscribers to the said associa
ion to be applied to the purposes Of the said aSsoci-
3tlon. the sum OF more IMAM DD,UUU,
the said 23d day Of December. 1851, the said las.
named defendants have continued to collect and re-
ceve subscriptions for and on account Of the associa
tion to an amount OF several hundred dollars That
the said last named defendants have now in their
possession. under their management and control,
various sums 81 money. aud real and personal pro-
pery belonging to the association, to the amount of
several thousands of dollars That between the 10th
day December 1850. and the 20th day of December,
1851. the said defendants last named in disregard of
their duties as the Committee Of Management of the
said American Art Union. expended. aud causedto be
expended various large sums Of money for purposes
not warranted BY either the charter, constitution or
bye laws of the said association and for purposes
contrary to the constitution and laws Of this state,
and chat the defendants still continue and threaten
TO continue to eXpend the monies Of the said
association III -ach Illegal manner That the
said last named defendants have unawfully,
in the name Of the said association. incurred
divers debts which have become, and are. charges
and membranes upon and against the property oil.
claims against the said association, and which
said debts the said last named defendants allege
themselves unable to pay. unless supplied by sub
scribers and members with additional funds for that
purpose. and have called upon and requested the
members and subscribers TO the said association to
pay TO them. The said last named defendants tho
sum of five dollars ia addition to the amount already
subscribed and paid by the said members sub
scribers 10 the last named defendants and that the
said last named defendants allcge such additional
lavment to be necessary to enable them TO dis
change the debts due and owing by the said
citation and 20 enable the said defendants to fulfil
the promises by them made TO the members aud
subscribers TO the said association. The plaintiff
further shows that yearly, and in the month OF De-
cemher in the year 1873. 10. and including. the
month Of December. in the year 1850. the Committee
Of Management of said association, without any
valid or lawful power authority 50 10 do, contained
in the charter OF said ISOLATION and ia violation
ofthe constitution Of this state and OF the statutes
thereof. against rafting and lotteries have put up,
70 be disposed by lot or chance among the member.