The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-17
Court OF Common Plcas-Spccial Term.
Before Hon. Judge DAILY.

THE INJUNCTION AGAINST RAILROAD IRON IN THE
CUSTOM HOUSE ARISING OUT OF TIE SCHUYLER
FRAUD.
Nov 16-AIerander Dennistoun, John Dennistoun.
William Wood, Wflidm Cross and Benjamin J. Dac-
son ~. Heman J. RedfeId and the Nep York and Har-
lem Railroad Company plaintiffs in this case are
copartners doing business in the city of New York the
defendant Redfed Is Collector Of the Customs Of the
port, and the Harlem Railroad Company is . corpo.
ration formed under the laws Of the State It ap-
pears that in October last the plaintiffs obtained
epare Injunction restraining the Collector from de-
ivering to the Harlem Railroad Company Ave certain
lots Of railroad iron which the plaintiffs alege they
had imported into this port in the of 1854 and
valued at 312 They also obtained injunction at
the same time against the railroad company restraining
them from taking away that iron. The present motion
is to dissolve those injunctions Mr.. McKeon, u s. At
torney, and Mr. Joachnson Assistant U. s. Attorney,
appeared for the Collector and Mr. G. w. SANFORD for
the railroad company Mr.. G. OConor represented the
plaintiffs.
Mr.. Joachmson contended that the court had no
jurisdiction the acts Of the Custom House author
ties, who amenable only to the Secretary Of the
Treasury to The federal courts Of this district The
had been submitted to the Secretary of the Urea
sury and he directed that the iron must be delivered
10 the railroad company The following is the SUBSTANCES
of the points selied upon by the Collectors COUNSEL
That whatever the merits Of the case still it is suit
the subject Of which Is not in the possession of the plaintiff
Of the Harlem railroad company, but which is In the
possession exclusively of Mr. Red6ed Any order Of the
court this subject therefore touches RedHeld alone
As between the other parties the court only deter
mine claims but the property and any order regarding
it, must be The defendant Redfeld The only papers
regarding Red6ed the complaint and Mr.. Dawson's
first AFFIDAVIT They charge that Redfeld became pos
sessed OF the iron as Collector that he deans - such
from the Plaintiffs and refuses to receive the duties
thereon from them, though they have taken all the
steps to entitle them 10 do it. Assuming therefore, an
injury by Mr. RedAeld to the plaints can this court
hold him to answer say you cannot do It, The act OF
CONGRESSES paramount and It Gusts this court from urs
diction.
For the railroad company, Mr.. Sanford submitted
that Robert Schuyler, then President Of the company
made contract their agent with the Arm Of Robert
and g. L. Schuyler for certain quantities Of railroad
paid for in negotiable bonds Of the company and that
the railroad detained In the custom house was
10 paid for the Arm Of Robert and g. Schuyler who
such bills Of ading the Harlem Railroad Company made
an entry in the custom house. This done before
the failure Of the Arm OF the schuyler's
On the other hand, Mr. OConor for the plaintiffs, sets
mn that SCHUYLER made contract with Charles Illus OF
this city for the iron, and directed that 1t should be
manufactured in England The manufacturers consigned
to the plaintiffs who authorised to act for the
English manufacturers and to remit to them the pro-
ceeds. The firm Of Dennistoun made the necessary
rangements with Illus, and the latter with Robert
Schuyler Illus states that few days before the failure
borrowed the bills OF lading from him, nlus,)
and with them a fraudulent entry subse-
quently made at the Custom House. Illus suspecting
the stability Of the firm Of Schuylers returned the
bills Of lading to the Dennistouns who discovered
that the Harlem Railroad Company repudated the guar
anee bond Of Schuyler obtained by fraud and denied
that he had acted as president agent Of the company
In the transaction The plaintiffs made the necessary
entry of the iron Mt the Custom House. and claimed the
duties f''r'' '''' ""s
Counsel for the Harlem Railroad Company claimed that
p Ven question mas pat u 2e original contract