The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-04
The Nicaragua Transit Company.
SUPREME COURT--sPECIAL TERM.
Before Hon, judge Clcrke,

Nov. 3.-Jremiah O. Hamilton Is. The Accevory Tran
at Company and Oheys-CIHKE, J.-It cannot DO de
Med appears TO me, that the decree signed Parcio
Rivas dated at Granada the 18th OF February 1885,
the act OF the de fdo government OF Nicaragua This .,
satisfactorily established by the evidence adducod before
me at the trial II matters not, therefore, as have
already ntim ated, what the motives and induce
menis which operated upon tho government 10 adopt
this measure, BY whose agency was promoted, or BY
what amount OF injustice violated faith attended,
and carried n TO elect. Tho stands uncontro
verified historical fact But " the plaintiff, !
now repeat perenp'orly and absolutely eri,led v
court, upon the mere proof OF this fact
without taking into consideration the general interests OF
the stockholders The plaintiff in his prayer for relief
demands judemeni-nai the company be declared dis
solved that receiver OF all the property OF the
Psny be appointed tina, the dsenesns be snsnsd from
account &c and that the property Of the company may
be Distributed among the stockholdes This Judgment i
prayed by the owner Of two hundred shares OF the
company-tns owners OF the remaining seventy or
eighty thousand shares being willing that ts affairs and
government shoud remain in their existing condition.
III yents for the present THIS am bound 10 suppose
nom the fact that other shareholder has demanded
this relief. Undoubtedly, creditor coming Into court
Of Justice and proving bis debt IA entitled 10 judgment
for the amount proved; and with regard 70 ali ord
nary claims proveabc and recoverable at common
w But c. aUss hs % sns sns gns sAs nsrc 20
sition Of the court Here Ia member OF . com
pany, supposins Il now TO be an unincorporated CON
pany, or company Invested OF iis corporate caracit
The owner OF very small proportion Of it property,
curing that the management Of its Affairs should be
taken from the control Of the OF nearly
the whole that should be vested In this court, and
that its business should be wound up and its existence
terminated beyond redemption In the absence OF any
proof Of fraud Of fraudulent purpose the part OF
It's associates, seems 10 that the stockholders
large much capable than the court Of understan
ing what may be their true interests In this emeegen
what their hope restitution in Nicaragua
and what may be The best time for submitting TO their
he, the arbitrary oct which has thus far despocd them
OF their rights shall he rrevocabe and mediable. De
OF oresn Powers indeed usually recognized
on the principle OF International comfy. But II 10 ony
comfy depending therefore, upon the nature, chs.
racter, and effect OF the decree. II will not be
extended by court OF equity 10 q deed which
deems fragrant violation Of natural justice An Ameri
tribunal will not lend its aid 10 rive effect
seriously detrimental 70 extensive and vitality
ply refuses 70 afford in aid would refuse 10 Afford
IN enforcing, for Instance, the specific performance
unjust or unrEhteous agreement; but II will leave
the Tarty 70 any other remedy II he entitled 10 any
other. In this the plaintiff may have no legal
oy his only recourse may be by his vote In any other
mode, by the exercise Of his right in proportion 10 the
extent o. his interest In comforting and consulting with
b. numerous associates the best for promoting
their common good have given this subject consdera
BILE celebration, both since the trial and snce the app
cation for provisional relief before the trial. but fearful
erred, viii allow stay Of proceedings the Judgment
which rcndor for the defendsnts without security, 10
order 10 give tho plaintiff, he should be advised,
opportunity 70 appeal 70 the General Tenn. Complaint
d. missed, with coes D. D. Field for plaintiff. W n Gut
ting for Messrs. Morgan and Hoyt H. w. Cuar6and O. A.
Rspso for the Accessory Transit Company, Cornelius
Vanderbilt and others, defendants