New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-15


east, 1857. FIELD sLUYTER, Attorney
SUPREME COURT-sPrcIAL TERN-Aug H-Before Judge
PEABODY
Az INJUNCTION on THE LATE FIRM OF MILLER &
CURTIS.
sst Joshua A. Dix, Arthur Edwards. George William
Curtis, Frederick Law Olmsted, John W. Miller, Thomas
Holman and Francis g. Shaw.
In this action which is brought by a firm of paper
manufacturers in Boston, whereof the Mayor of that
city s chief partner against the late firm of Miller g.
Curtis, which was this morning dissolved, an ipjunc-
ton was granted by Judge Peabody restraining the
defendants from making an assignment This will not,
we understand, interfere with the publication of Put
nams Magazine, with the general business of the
firm. The following is copy of
THE COMPLAINT:
Alexander ii. Rice, Charles s. Kendall and j.
Willard Rice, plaintiffs, behalf of themselves and
all other creditors Of the different firms hereinafter
mentioned whs may be entitled TO share in the assets
hereinafter referred to- and who may come n and con-
tribute to the expenses OF this action, complain and
allege
First: That previous to the 25th day of April 1857
Joshua A. Dix, Arthur L. Edwards George William
Curtis, and Frederick Law Olusted, coparners,
booksellers and publishers in the city of New York.
under the firm of Dix. Edwards & Company:
Second: That at the same time John W. Miller and
Thomas Holman were also cOpartpers as printers In
the said city, under the firm of Miller a. Holman.
Third That the said two firms had various transac-
tons and liabilities together, and both became em-
barassed and for the purpose of e1rcatng themselves
from their embarrassments, and with the consent If
their creditors they dissolved their said firms on the
said 25th day of April 1857 and transferred al their
property, valued at eighty thousand dollars and up
ward, to a new cOparnership then formed, consisting
of the said John w. Miller, George William Curtis
and Frederick Law Olmsted, and about TO co nmence
business in the said city, under the firm of Miller Il
Co., and the said Miller e. Co.. in consideration thereof
md 10, tba daht nf th.
two firms Of Dix, Edwards L. Co., and Miller a.
Holman.
Fourth: That the said firm Of Miller & Co. continued
in business until the LIST day of June, 1857, there
abouts and then dissolved by agreement between
the partners, and all the property of the said cn was
thereupon transferred TO new copartnership then
formed consisting of the raid John W. Miller, George
William Curtis and Francis g. Shaw, and about TO
commence business in the said city, under the firm of
Miller & Curtis and the said Miller Curtis In con.
sdeIation thereof did, the plaintiffs are Informed
and believe, assume and agree to psy all the debts OF
the said three firms of Dix, Edwards Co., Miller N
Holman, and Miller & Co., and have actually paid or
given their own notes for part of such debts.
Fifth: That the said Miller g. Curtis have failed in
business owing debts in addition to those assumed as
aforesaid, and having hand large amount OF prop
erty including the property aforesaid transfer
red by Dix, Edwards & Co., aud Miller Holman, OF
the greater part thereof
making or are endeavoring TO make, an assignment or
transfer of all the said property to trustee, In trust
for the payment of their debts excluding, however
the debts so assumed a. aforesaid, for when tney
have not given their own notes.
Seventk: That the plaintiffs were creditors OF DIX
Edwards g. Co., the said 18th day of April 1897 to
the amount Of ga 900 thereabouts part of which
has been paid, and for which they now hold the
notes of Miller g. Co. to the amount of ga 900 or
and they besides hold the notes OF tue SAID
Miller L. Curtis to the amount of 81 900 or there
abouts. ,
Wherefore the plaintiffs demand Judgment, that
H. dafu - rpsrr Injunction
assigning or disposiDg of the said property, or any
part thereof that the said property be distributed or
applied ratably among all the creditors entitled
t6ereto; that receiver thereof be appointed; and
that the said John w. Miller, George William Curtis
and Francis G.. Shaw pay any deficiency that may
then remain. FIELD a SLUYrER, Plttfs. Attys.
Gin and COuRty Of New- YOrk.-John f. Zebley.
being affirmed, saith-That the said plaintiffs all
reside in Boston, Mass, aud are now absent from this
State; that this deponent is the agent in New-fotk
Of the said plaintiffs 10 prosecute this acon that he
has personal knowledge of the facts alleged III tne
foregoing complaint aud that the said complaint Is true
of biz knowledge except as to the matters therein
stated to be information and belief and a. TO those
matters he believes il 10 be true j. +. ZEHLEf'
Alarmed before this 18th Of August. lS5I
JoHS BIssELL, Commissioner OF DEEDS
The following is copy Of the
INJUNCTION:
appearing satisfactorily BY the complaint and the am
OF John Zebley that sufficient grounds Tor an uN
ton exist do hereby order the defendants show cause
before at the Chamber Of this Court a. the Cy han o.
WIN they and each Of them should be enoined aud
from s; mig Ro G OF n 1se psSS
the firm Of Miller Co; and sherwsd tTasi,sa os lne @
s% 81 MA Co. 70 sHf s and nd @ the alignment
and order thereon they aad each OF them are so
bcdenceio THIS order sad defendants viii DC liable
the punishment therefor prescribed b. law DATED Aaq
JUSTICE MECH And THE HAYS PORTRAIT.
The People the Tel:ou Of the MAYOR Sc Of NewYork
sgt WIN. h Mech one OF the Justices, Nc. -,
This urpceediOO ont of the OF [hdffCs
Hawkins agt. TIE Mayor, SC. Of New- York. upon
an execution in which the Sheriff reeegty seized aud
sold the portrait of the venerable thiefcatcher Jack
Uays Previously 10 the sale, the Supreme Court
granted an Alternative B0ndaHtHs ordering Justice
Meseh to approve the defendants undertaking on ap
neal or to show cause to-day why such maRddmu'
should not be made peremptory. Meantime, Judge
Hoffman of the Superior Court decided that the pro
ceedngs were irregular, in that the undertaking had
not been approved and therefore refused 10 order
stay or appeal.
The hearing came on this morning. wnen S1'ae 'nart
words were exchanged between Justice Mech and
The Assistant Corporation Counsel. The matter Wa
finally postponed to Thursday next.
UKIyKD STATES COMMISSIONERS oFFICE-Avs- "a
Before r. L. STILLwELL.
STEALING hAIL-BAGs.
man named Timothy Leary the keeper OF luuk
shop at No II Cedar street, arrested this morning
upon the following affidavit, charging him with steal
ing ll3 mail bags, valued at s95:
cs q nf as e. m cs Of ,1e
nsnt in the Post oee in the City Of NewYort being duly
sworn ssys-That Timothy LeaIy did Sls day
OF Nay 1857 II the Southern District EewYok
that say, No. III Cedar street the City OF New York
for ucre gain convenience appropriate lis nail bags 10
Sl.tes other than proper uss thai The
value Of said mall bags Is about S9. THOMAS CLARKE
sworn to before me Aug. is, 1851
Z. 4. SrfLLwELL, U. s. Corumis sioner
The circumstances 0at Of which the alleged robbery
grew are substantially as follows The boys of some
Of The newspaper offices use the y, 8. msil.bags to
s-.ff.