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


SUPERIOR CoURr-sfEcIAL TERN
Before Judge Duer.
This was an application to make the temporary
injunction granted by Judge Oakley, restraining
the managers and officers Of the Art Union from dis
posing Of the works of and other property Of the
institution, permanent.
Mr.. Sanford, counsel for the plaintiff, read the
following
SUPERIOR COURT OF THE CITY OF NEW YORK.
James Gordon Bennett, uho sues as ,ccH ON beha' T
Of himself as Of all Others, members creditors Of,
o. subscribers TO, or shareholders in the apollo Asso-
tidtion, or the american Art Union, platntiG;
oga''a The american Art Union, and John p.
R,dner, tp,a,am J. Hofpi". Abraham M Co,:ens,
Marshall O. Roberts Frederick A. Coe, Charles p.
DAILY, Nathaniel Jarris The younger, Robert Kellp,
Andre,o Varnc, Benjamin H. Jarris, John Ii.
austen, WiAiam H. AEp'eton, Epdrt A. Dnge-
tenk George 7fedtreR, George ". Austen, III
ham a Butler, Henry J. Raymond, Erastus C.
Benei,ct UfHiam b. Dce,i, George Curtis, Charles
N. RpSSd, defendants.
To tho above-named defendants:--
You are hereby summoned and required to an
swer the complaint in this action, which will be
filed in the Office of the clerk of the Superior Court
Of the city of New York, in the City Hall in said
city, and of which copy is herewith served upon
you. and to serve copy of your answer to the
said complaint the subscriber, attorney for the
plaintiff, at his office. No. l27 Fulton street, in
the city Of New York, within twenty days after the
service hereof, exclusive of the day of such service
and ii you fail TO the said complaint within
the tame aforesaid, the plaintiff in this action will
apply TO the court for the relief demanded in the
complaint. BENJAMIN GALBRAITH,
Plaintiffs Attorney l27 Fulton street.
Dated March 49, 1852.
In The Superior Co,g~ of the City of Ne,c York
lanes Gordon Bennett, cho sues as rel on behalf Of
himself of all Others, members or creditors Of, or
Subscribers 10, shareholders an, the apollo Assoctn
iron o. The american 44,t Union, plaintiff, against
N. .Anar,can Dirt Union and Robert Kelly, 4ha-
ham n Coezens, andrea Warner, Marshall 0.
Roberts, Benjamin II. Jarvis, Frederick n Co.,
John II. AMsfen, Charles p Day, William H. 4fp-
pieon, Hiuian, J. Hoppin, Exert Il. Duyckink,
Erostus c. Bsnedia. Henry J. Raymond, William
Il Deem, George " austen, George Curtis, MI
fam n BptleT, Charles II. Russell. George Tired
a~H, John p. Ridner, and Nathaniel Jarvis, the
poungcr defendants. Place Of trial. the city of Nrm
fmk-The said plaintiff, James Gordon Bennett, by
Benjamin Galbraith. his attorney. complains against
the defendants above named and on his information
and belief says that by of the Legislature of
the State of New York, passed at a session of the
Legislators held at Albany, in the State of New
York in theyear ls40 entitled /" An act to incor-
porate the Apollo Association, for the promotion Of
The fine arts" twas enacted that John w. Francis,
James Herring, John II. Gourlie, George Bruce, Au-
gustus Gue, John p. Ridner, John P. Nesmith,
Thomas N. Campbell, Prosper NJ Wetmore and
such other persons as then were, or might there
after from time to time become, associated with
them, were thereby constituted body corporate
poses of the promotion Of the fine arts within the
United States That the corporation thereby created
might acquire, hold, purchase real and personal
estate, but the whole income Of such real and per-
sonal estate should not exceed $4,000. That the
said association should have power to make, from
time to time, such a constitution, bylaws and re-
gulations, they should judge proper for the cleo
ton OF officers for the prescribing their respective
functions and the mode Of dischargng the same for
the admission Of new members into the said associa-
ton, for the government of the members and officers
thereof for regulating the annual rate Of contribu
HOns towards the funds thereof appointing the times
and places of meeting for managing the affairs of
said association, and for suspending or expelling
such officers and members as should neglect or re-
fuse to comply with the constitution, bylaws, and
regulations thereof. That the officers Of the said
association should consist Of president, acorrespond
ing secretary recording secretary, treasurer, 3
committee OF management consisting of fifteen mem
bers who were not professional artists, and such
other officers as the said association might deem
necessary: who should be annually chosen by plu-
rality of votes, on the third Monday in December
and If the annual election should not be holden on
that day. then it should be lawful to make such
election any other day due notice being given
to the members the intention to hold such election
and there being present. at the time and place desg
mated. fifty members of the association and in case
vacancy should take place between the annual
meetings. then it should be lawful for such vacancy
to be filed by the officers and committee of
nagement, at any regular meeting of said COMMITTEES,
and the person persons 30 chosen should continue
Others were chosen in their places. That that act
should continue in force for the period of twenyone
years, subject, however, to amendments. modihca-
tions or repeal by the Legislature. That the said
corporation should possess the general powers, and
be subject to the restrictions and abilities prescribed
In the Third title Of the eighteenth chapter Of the
first part of the Revised Statutes. That soon after
the passing Of the said act Of incorporation. the nd
viduais in the said act named, or some of them,
made a constitution. bylaws, and regulations for
the purposes in the said act named and afterwards
and on or about the twenty-third day of December.
1915, amended the said constitution and the said
constitution and the amendments thereto, were
then adopted. and continued in force thenceforth,
and until the Goth day of December, 1917. That by
the ac Incorporating said company, there is no au-
thority or power whatever conferred upon the said
association. nor upon the committee of management
thereof. TO make any distribution of the funds or
property of said corporation. That in and by the
said constitution, il was among other things, pro-
yded follows:--
Art. Every subscriber OF five dollars, or more
per annum shall be member Of this association,
and shall be entitled 10 the privileges Of member
ship.
Ar S-The Committee Of Management shall
have il charge the general supervision and manage
men OF the interests and affairs Of the association
they shall purchase such works Of art, executed by
artists in the United States. by American artists
abroad as they may think worthy Of selection and
a. the state Of the treasury shall warrant.
Art 9.--The fund raised by annual subscriptions
hall he appropriated under the direction Of the
delegated by the executive committee to detraying
Me necessary expenses Of the association. to the
purchasing of the works OF art under the eighth
,rice. and to defray the expenses Of publishing
annually an engraving for distribution among asso-
Ciatcs
Art. l0.--At the annual meeting OF the as
ISOLATION in December the works Of art pur-
chased during the year shall become BY lot pub
iicly determined the property Of individual mem
bers each member being entitled to one chance or
share in such distribution for each five dollars by
bin subscribed and paid That. under the tenth
article Of said constitution, the mode, Of disrl-
button adopted by the committee Of management
was this the works Of art purchased and Intended
TO be distributed by lot were seyerally numbered.
and tickets with numbers representing them were
placed IN portable box OF wheel the names Of the
members of said association, or the numbers the
Tickets given 10 the several members at the time of
their subscription, and which were also attached
their the books Of the association who had
paid their subscriptions were put upon similar tickets
IN another box or wheel: each member being entitled