The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-13

That the plaintiffs are ignorant OF the particular cir.
cumstances under which the said certificates we're re.
act forth BY the persons so receiving the same, with the
time, place, person from whom they wero 30 received,
ana the consideration aud ell the details thereof.
That John II Dyken, one of thu holders OF the said
illegal and fraudulent certi icates, dated June 20, 1854,
for one hundred and atty shares, has brought an action,
10 the nature OF and q. a suit At law, against the plain.
tifs, In the Superior Court Of the city Of New York,
claiming to recover damages to the amount Of thirteen
thousand dollars, because, a. he alleges, tho plaintiffs
Of the company rs genuine stock; that an answer has
been interpreted to the said action, setting up the invalid.
ity OF the said certificates for the reasons above men
toned, and the same Is now at issue and ready for trial.
That Cornelius Vanderbilt, an.ther holder OF such illegal,
stolen, fraudulent certificates, 40 made and issued by
the said Robert Schuyler, 70 the amount OF two thou
sand three hundred and twenty shares, issued TO him by
the said Robert Schuyler for his own use or that Of hs
firm, has also commenced another action, In tina M.
ture Of q suit .. law, against the PLAINTIFF In the
same court, claiming to recover against them the
sum Of two hundred and thirty.two thousand dollars,
with interest, because, - he alleges, the plaintiffs have
refused to permit the same to be transferred on the books
of the company ~ genuine stock that no answer has
yet been put In TO the complaint In the last mentioned
%piaintias intend 10 answer and coutest thsir liability In
the said action; that A. Morton Ferris and Warren Fer
ris, the holders Of twenty one other shares represented
by the said false and fraudulent certificates, have sss
commenced an action In the Supreme Court Of this State
In the first district, claiming to recover sgainst the
plaintiffs the sum OF twenty ono hundred dollars aud In
terest, because, rs they aness, the PLAINTIFF refuse to
permit the same to be transferred on the books Of the
company ~ genuine stock that no complaint has been
served In that action, but the plaintiffs intend to answer
and contes, their liability therein. That August Bel.
mont has also commsnced an action, In the nature Of a
suit at law, against the plaintiffs, In the Superior Court
OF the city OF New York, claiming TO recover damages
against them to the amount OF upwards OF eighty i've
thousand Ave hundred dollars, because, as he alleges, tho
transfer on the books Of the ssla eampanv s,ght hun
dred and - five shares OF stock represented by csrtih
Gates 40 frauduientiyi issued by the said Robert 'Schuy.
Ter that said last mentioned action was commenced on
the fourteenth day OF November 1854, and an answer
has been put in by these plaintiffs denying their liability
in said action. and contrasting the same. That the Pre-.
sident, Directors, and Company OF the Mechanics Bank
OF the city Of New York have also commenced two simi
lar actions In the same Superior Court, on similar
grounds, as the holders Of four hundred and thirty Ave
shares OF the stock represented BY said false and illegal
certificates; which actions are now at issue and la resdf
ness for trisl. That Alexander Dennistoun, John Dennis.
toun, William Wood, William Cross, aud Benjamin n.
Dawson, have also commenced another action against
the said company, In the New York Common Pleas,
claiming to recover the sum Of two hundred thousand
dollars, for their alleged refusal to / transfer . large nun.
Der Of the shares OF stock represented by the said false
and Illegal certificates aud transfers; that the said action
il not ~ issue, but the plaintiffs intend TO defend the
same az herein before stated. That in each Of the said
actions, except the last three, attachments have been Is
sued against the plaintiffs, and all their real and per.
sonal property in the city Of New York, including its
rolling stock and the means OF operating the road, levied
upon and seized under the said attachments By the She.
rii Of the city aud county Of New York, and are now
held upon said attachments by him.
That the plaintiffs sre informed and believe that IL IL
the intention OF ether holders q the sai false and frau
dulrnt trsnsi.fs ~ STOCK auu ceftincates OF STOCK, 10
commence other actions against the ~plaiutia. for rsfus.
ing 10 transfer the said stock 40 purporting 20 be repre-.
scented by the said false and fraudulent certificates as
genuine stock that said actions will be very numerous,
and as the plaintiffs believe exceeding one hundred, and
will subject the plaintiffs, aud the parties 10 those ae.
tons respectively. 10 great ami unnecessary expense,
trouble, and ami litigation, and that such actions, II
commenced, and especially II they are followe up by
attachment, win greatly injure aud damage the inter.
.sts Of the plaintiffs, and the interests Of tho genuine
stockholders Of the said company and tts creditors and
other persons Interested In its stock, effects, and sarn.
ings; that the plaintiffs are advised and believe that the
rights Of all tbs sad holder. Of the said false and frau.
dulent certificates and Of said fraudulent transfers, may
be determin and adjusted in one action, without pie.
JUDGE TO the rights OF any Of them, and 80 AZ greatly 10
promote the convenience and advance the interest Of all
persons Interested In the said company, whether q.
holders Of the genuine stock thereof or Of the said lie.
gal and fraudulent certificates and transfers.