The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-06
Superior Court.
Before H,n. Judge Duer.
BEFORE II IN Judge Duer.
THE INJUNCTION AG ANsr THE NICARAGUA TRANSIT
COMPANY.

II
TBB TSJUECTIoI AGAINST THE NICARAGUA TRANSIT
COMPANY.
APRIL 5.-Dopid b. Allen Us. Charles Morgap Presi-
dent Of the Accessory Transit Company Of Nicaragua and
othTs-Ths (Which had been postp, ,nei In order
to give the plaintiff opportunity Of producing afda
Wits In rebutta Of those read by the deendan was
sumed to day. Nr. Upton one Of the counsel for the
plaintiff, commenced by reading the affidavit of the
plaintiff, Daniel b. Allen This affidavit stated substau
italy that ceponen Of the original grantees OF
the government of Nicaragua to the American Allan
tic and Pacific Ship Canal Company and Vice President
Of the same that when the question Of the connection
of the said company with the Ocean Navigation Co
brought before the directors Of the former, by
OF contract with Mr.. Vanderbilt. for the e,ta-
blshmsnt of line of steamers between New York
signed to pay said Vanderbilt one. 9Th OF It's re.
cepts teponent dtnouuced any such contract
fraud on the stockholders: that depo.ents opinion
overrued and that in consequence he resigned his
ohce that after his resignation he continued TO hold
stock, and in December 1851 owned 300 shares that
deponent called by Franklin 0sgood stated
tnat Vanderbilt had employed him to sell the ship
the Accessory Transit Company that sad Ogood asked
plaintiff for bis assistance in this negotiation and he
was prevailed upsn by him and Vanderbilt 70 give IL;
that Degot commenced and depou sut
at the outset 70 White that the company BY its chartsr
was without the power Of holding steamships for
eating the Atlantic and Pacific and he would do nothing
unless the charter enlarged that White answered
be would procure It's enlargement, and dsponent and
white finally Drew up agreement for the Of the
sbps ct this time there q bitter hostility between
Vanderbilt and white deponent denounced the scheme
he found that White did no. succ.ed ia OBJ.
tanning the enlargement OF the charter at this time
White Transferred 10 deponent 600 shares third
Of the amount to which he entitled tina. in May,
1853, deponent went to Europe previous TO which
he was advised that he did not, forfeit his rights
10 maintain action for tho stock be held ia the
Transit Company; that his return the caon
bought that II IL false he instituted this proceeding
for the purpoLe OF trafckng the ,tock OF the
psny. The plaintiff moreover, stated that the and.vt
OF White, Vanderbilt, Dexter Brigham false,
Brigham being man of the highest probtty.
Among numerous other sfidxvts read by the counsel
Franklin Osgood deposed that ne acquainted with
the facts and circumstances coppected with the pur.
chase Of steamships from Mr. Vanderbilt aud the
plaintiffs relative to thai purchase; in 1852 de-
ponept was interested in the stock Of tbs
pany, and that interest known 70 Mr..
Vanderbilt; that Vanderbilt advised deponent TO
dyesi himreR or this stock and declared the stock
worttle as lorg as White remained In the
pany, for be using the company his bensht
tbath 1852 Vanderbilt requested deponent undertake
the business OF negotiating the sale of the steamers
stating a that he getting old, and had
better close business that deponent undertook aid ne
gotiations that Vanderbilt suggested 70 deponent the
assistance OF plaintiff that deponeut thereupon called
upon Allen, who at first declined, but after being
urged by deponent and Vanderbilt ne at last CONSENTED
snd neg citations opened WITH White White .poks
in harsh terms OF Vanderbilt and sail he would not
In the proposition Of the purchase unless Allen
obtain Vanderblis authority Alien then undertook
10 obtain from Vanderbilt the as o. the ships for the
purpose of transferring them 10 the company deponent
continued the negotiations with White a. the repre-.
sentative of the company, without the operation Of
Allen Whites language was, II the Nicaragua
Transit Company Vanderbilt declared that he would
rather sink his ships the dock than that White should
mase money; the plaintiff not party 70 this neso.
tatops he protested from the first again the proposed
Issue of the stock
After IN. reading OF the depositlons the argument In
the case postponed until saturday morning next