The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-23

epQu expue, OF 70 yocAte Is, II TIE security A&foe4
Ga Aoald BE- giyea: thus Justice would Be
t6e code that the plaintiff should have cause
Of action for the payment Of money, merely to
have an attachment It is enough :" that
cause OF action exists against the defendant
and that the amount Of the claim and the
grounds thereof ore stated Code sec. 239). In
such case as this, the amount Of the claim is
the debt payable and the amount Of the
guaranty; for to that extent the defendant had
promised to secure the plaintiffs, and the action
is properly brought for damages for breach Of
that promise, or for Judgment to operate IS
such security, ss was argued on. Order Of
special term to be reversed, without costs.
superior Count OF the City Of New York.
The .Netc York and Harfesn Railroad 0gf.
.dIerdnder Kyle, Jun.. and Justsls Earie.-The
complaint OF the above named plaintiffs against
the above named defendants, shows to this court
that the above named defendant, Alexander
Kyle. Jun, was duly appointed. in the year
lS47, the secretary Of the said plaintiffs, and as
such secretary he has, for several years past,
bad charge Of the transfer books of stock in the
said company. That the capital stock Of said
company consists Of seventy-fve thousand
shares of stock, called old stock, issued under
the act OF incorporation of said company, passed
April 70, 1881, and the several acts amending
the came. and of thirty thousand shares ofstock
called preferred stock, issued under an act
passed March 70, l848 and entitled to a special
rate OF dividend out Of the earnings Of said
company.
And the eaid plaintiffs further show that
when the said defendant, Alexander Kyle. Jr.,
entered into the service Of said plaintiffs, he
was young man Of no property, and whilst in
the service OF the company as such secretary,
he did not receive q salary more than ade-
quate 10 his current regular expenses.
And the said plaintiffs further show that they
have recently discovered that the said Alexan-
der Kyle, Jr whilst 80 employed as such Sc
reiary of said plaintiff, has from time to time
filled up certificates OF stock OF said company,
10th IN the old and preferred stock of said CON-
paDy, which were left in his hands as such Sc
cretary, Tor the purpose Of being issued upon
actual transfers made in their stock by the
stockholders Of the company, by inserting
therein his own name, and the names of other
persons unknown to said plaintiffs, to very
large amount, and has sold, assigned, and trans
ferred the same TO various persons and incor-
porated companies, and received the proceeds
thereof, and applied the profits thereof to his
own use.
And the said plaintiffs further show, that
upon an investigation of the books Of said
plaintiffs, they have ascertained that during
the last two years the said defendant, Alexander
upwards of thirty-fve hundred shares of the
old stock of said company and upwards of
thirteen hundred shares Of the preferred stock
of said company, and applied the proceeds of
the same to his own use.
That aaid defendant, Alexander KYLE, Jr.,
has admitted, upon such investigation, that he
has assigned and transferred a number of shares
of the stock Of said company, without any
authority from said company, by using blank
g c<no ovfrr tod 10 10
such secretary, and converting the proceeds to
his own use.
And the said plaintiffs further show that
large proportion of the stock so sold and trans
ferred by said defendant Kyle, has been re-
transferred from time to time upon the books
of said plaintiffs, that it would be impossible
now to identify the same, and the said plain
tiffs believe that they will be obliged to assume
the came.
And the plaintiffs further say that the value
of the stocks go as aforesaid issued by the said
defendant Kyle, in the fraud of these defen-
dants, at the par value therefor, exceed the sum
Of $240,000, large part whereof has been in
vested by the said Alexander Kyle, Jun, in the
purchase Of other stock and in other transac-
TONS in which he has acquired as the plaintiffs
are informed and believe, large amount OF
household furniture and money, the particulars
whereof are unknown to the said plaintiffs.
And the said plaintiffs further show that at
the time of the discovery Of the said fraudulen
transfer Of stock by the said Alexander Kyle
Jun, he was possessed in fee simple Of certain
house and lot in Thirty-frst street.
That after the discovery of the fraudulent
transfers Of said stock by the said Alexander
Kyle, Jun, and with the intent to prevent the
same from being applied to or towards the pay
ment Of his Indebtedness to said plaintiffs, the
said Alexander Kyle, Jun, and Justine his
wife, by indenture, bearing date the sixth day
Of July, 1854, did grant and convey the said
house and lot Of ground to the defendent, JUS
tus Earle, who is father. in-law to said Kyle,
and who, as the plaintiffs verify believe, is
wholly insolvent and irresponsible.
And the said plaintiffs alledge and charge that
said conveyance was and is fraudulent and with
out any consideration whatsoever, and was ex-
ecuted and delivered by said Alexander Kyle,
Jun, for the purpose Of defrauding the said
plaintiffs. And the said plaintiffs further show,
that during the period whilst Ky lie was engaged
in making fraudulent transfers of stock, the
SAID Justus Earle was daily and for several
hours each day in the Office occupied by said
Kyle, as the secretary Of said company and the
said plaintiffs verify believe that said defcn-
dant Earle, has in his possession and under his
control, other property, money, goods and eff
fects of said Kyle, the proceeds Of such fraudu-
lent transfers, in addition to the conveys nce Of
said house and lot in Thirty. first street.
And the said plaintiffs claims discovery and
account of the moneys received by said Kyle
upon the sale and transfer Of the stocks herein
before mentioned, and of the moneys and secu-
rites received therefor, and how the same have
been invested or disposed, and what moneys
are now held by said defendants or either of
them, arising from the said stocks. and how the
proceeds have been invested or disposed, and
what moneys. stocks and securities are now
'held by the said Kyle or the said Earle for his
benefit: and that the said defendants may be
decreed to assign and transfer the same to the
said plaintiffs, or to some receiver to be ap-
pointed by this honorable court to take charge
| Of and receive the same.
And in the meantime, that said defendant
and each Of their agents and servants may be
restrained by the order Of this honorable cour;
from selling, assigning or otherwise disposing
of said house ard lot Of ground on Thirty first
| street herein before described and from assign