New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-31
Id " LNTELLIGENCE

DECISION.
CASy or ALEXANDRA KYLE, JR.
Railroad Company Alexander vie aud Jues Earle.
Suit asking for examination oath of defendants
touching the dis position of $40 coo worth of Harlem Ill
road Company stock said to have been frauduenty
issued by Mr. Kyle Secretary aso. as to property
stocks in their possession uncer their controls also
for injunction prohibiting Mr. Earle fathern.law of Mr..
Kyle from dsposlne Of house ana IL" or other property
assigned by Mr. Kyle ard for udgmen, against Mr.. Kyle
for S240 600 par value OF said alleged oversue OF stock
Mr. KYLE il will be recollec'ed was ordered TO be held
to bail in $780, COO which he has not yet been able to pro-
and motion made as already stated to vacae
the order Of arrest the ground ls that the aiiv
which ii was founded was improperly made before Com
missioner who Of the attorneys for plaintiff Mr.
G. w. sanford and I'd. that the Harlem Railroad Com
pany is NOT liable for the overssue and therefore not
creditor Of defendant so as to MAINTAIN suit against HIM
in the event of the order being vacated thlt the
amount of bail be reduced.
Judge Oakley. on the notion rendered decision on
Saturday. He stated that he and Judge Duer-llatter
having also heard the argumentlhad consulted together
and to the conclusion that the motion ought not TO
be granted.
In respect TO the alleged want OF verfcaton of the ai
davlt the rule in certain 10 affidavit Not being
sworn TO before an attorney that the latter might
perhaps unduly influence the client As 20 what should
swear to, but the thing could be done if it were
to before any other person. and the Court would
hesitate how threw out paper on that account Be
is defined by law and that objection, therefore is
Oyenuled.
As the motion of defendant counsel in relation to
modifying the order &c, and TO reduce bail it urged
by the counsel that II does not appear from the ad
what the real value of the stock and therefore the bail
is too high II at liberty to look outside of the
affidavit know that the stock has AID has had,
certain market value which viii more than amount
the quantity of stock alleged to have been thus transfer
red to the ordered bail and if confined
the affidavit itself that the value is s2iOO0O If should
be important TO defendant make to show what
the real value was he is at liberty to do
The main part of the is whether from the facts sta
ted in the adavits the company appears to he liable and
it, therefore claim of the company exists against this de-
PENDANT his counsel insisting that whateve may have been
ypha Of
him individual in issuing that stock. there claim
by the company against him for anything and therefore
the company has no right to proceed against him.
That grave and important question. II appes
not only 10 this company but TO others, and in ell
human probability will come before us to be solemny
adudged There are considerations both sides and the
question is by free from difficulty. particularly
in where stock has been authorized by law given
amount and has been filled up. There Inay be different
question arise To whether the alleged issue
within the authorised whether excluded
the ground that the capital stock had been already filled
How with this company has not been shown aud the
Court wishes TO be understood as not IN deciding
acting this proceeding that question There great
diversity of opinion 10 the obligation resting these
Railroad Companies whether they will be compelled by
law TO the stock and become responsible for il
whether from regard 20 the stockholders they ought
or be at liberty to assume it But already
stated we do not pass upon that question here In this
state of the case say, simply that there seems to be
prma facie made out sufficient 10 hold the defendant
TO bail.
Ii appears the mode of doing business in this company
respecting the issuing of stock blank certinca;eS
signed by the President being left with this man 10 I'LL up
and thus placing entire power in his hands 10 commit these
frauds. Ii very great careessness, and certainly
gross neglect the part the President The issues of
stock appear be of the value and there would be
great difficulty in separating 1t Still as to the liability of
the company respecting are not prepared TO say la
case the company should the stock they would
probably have claim against the defendant for money had
and received and also damages for the injury done by the
fraud When all the facts and circumstances come IN the
matter be fully passed upon The case here now Is
altogether expare. The defendant has in expare
mo admitted very gross fraud without presenting any
xcuse putting himself wholly the ground that
,hoever else he may have deauded this company has no
light to make any claim against him. Judge Duer ana
iysef both concur the opinion that the present motion
Just be denied. and the order will be accordingly.
Mr. 1amadge for defendant, asked for permission TO
ppy again on further afiidavs. Mr. Sandord suggested
hat any new application might be made the coming IN
the answer The Judge gave permission TO the counsel
houd be see fit the motion at future day on
aso being made.
r : COMMISSIONERS OFFICE-Before Comr. STIlwfLL.
CHARGE OF ASSAULT At SEA.
Capt Ashley of the slip Alabama, against whom COM
lani was made by OF his crew, ALREADY referred to-
n an alleged assault with dangerous weapon came up
ursusnt 10 the warrant. Ii appeared that some dhcuy
ok place AZ the wheel and the captain struck the com