New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-03
THELOWBER CLAIM.

THE LOWBER CLAIM.
SUPREME COURT-sPEcuL TERM-Sept 2-B.iore judge
PEABODY.
RObt. w. Lowber agt. The Mayor, &s-
On Tuesday MIR. Barbour, counsel for Mr.. LOwber
served an order On Mr.. Stout, the City Chamberlain
recurring him TO show why he should not be ex
smined for TIE purpose of showing that there is su
ceut city property in bis possession to satisfy the Low
Der judgment against the city.
The question, which took purely technical shape,
Was argued by Mr. Barbour on behalf of the plaintiff,
and ex. Judge Whiting on behalf Of the defendants.
Decision reserved.
THE MECHANICS BANKING ASSOCIATION
IN COURT.
Chs. aaPslo sgt The Mechanics Banking Assocstion
temporary Injunction restraining the defendants
from doing any business, and order to show cause,
on THURSDAY, why receiver of the property Of the
concern shoud rot be appointed, were this morning
grated.
Mr. Blunt appeared for the plaintiff ard Mcssrs. d.
Lord and x. T. Mount for the defendants
Mr. Lord said that hc would not oppose the motion,
wder the circumstances Of the case.
Nh Noun, added that the Bank would b. able and
wiling to ace. al its Obligations, aud that nobody
except TIE stockholders of the Bank would suffer.
The maioJ shouId at be put in litigation, and all
tbe dcbis, { the corporation paid.
Tfe following is the
COMPLAINT.
The plaintiff in this action, Charles a. Rapallo in
bis own proper peron complains ageiust the defend
arts, the Mechanics Banking AssOci 5tlOn, and says
that the said defendants poration associq
ton having banking powers, aud organized under the
act of the Legislature Of the State Of New York en-.
titled An act TO autholizc the business Of banking
passed April 49, 1898 ard established and doing bust
nesS in the City Of New York. and the plaintiff says
that be has heretofore kept account with said defend
aDar RI 81 With tDr
the same by bis checks, and that on the lst day Of
September A. ID. 1857, he had on deposit with the
said defendants. over and a60ye oil claims and de-
Inan6s thereon, upward of $lCV,UOO.
And the plaintiff tu,theI saith that the LEI day Of
September 1857 he drew bis check in the words and
figures following, viz:
9Ervyohs Sept. T. ls57.-Mechsu.cs Banking AssociA
'''' ~ "CHARLES A. BAPALLO" .
and pIc sebttt tLe - both the President ana
Cashit OF Zee said Association, who severay refused
TO pay the same.
And the ;lsiii6 further saith, that he has been in
formed apd ereyes that the said defendants ant haze
eary business ara aye unable to pay, and are inso,
vent ard have violated the provisions of the at IN
der which they were organized.
The plaintiff therefore prays that tho said defend
ants mag be dissolved according to law, and their
effects appropriated 10 pay their debts and that an
injunction msy iesue restraining the defendants from
exercising any Ct their corporate rights privileges or
franchises and from collecting and receiving any debts
or demands, ard from paying out or in any way tranS-
ferirg delivering to any person any OF the moneys,
properly or effects Of such corporation, until such
COut sbal otherwise order, with view to final dsso-
luton OF said corporation and settlement OF its afar.
nocOiding 10 right and equity, that the plaintiff
may have such ether or further relief as may be
meet in ,ae premises. CHts. 4. RAPAIIo,
Plaintiff Attorney in person.
The touowipgs
IL Appearing by the complaint this action and the s3lsy
u the s.i that the defendants corporation asocia
ha L and tna
banking undo, the avs OF State and tina: they have
.ed and ie SDac to Psy Their deots ana i Sppea $50
and that this action has been commenced by the service OF
S3s. Of the summons and complaint A'''n on the said de-
Therefore reading fling said Complaint and proof
Court, and motion Of Mr. Blunt COUNSEL for the
5d sdms 81 s Hy ns fGs1 M n the
rdants their officers be they hereby enoned
srng any person any q their moneys property effects
sn Ana ps !. frhe oT3eod that o c.a,e
before THE Court on ThgrsSay The "a day y S'De' instant
the Chsmb - Thereof CITY o Sewi Gsc - We o{enSs
one or should not be appointed II ta& ohse
in III csses ara according 10 the in made
and provided BIT the defendants arc not sno!ned fo deli
ring UP ,cu:ities 70 which they have 10 cam.
A SEQUEL TO THE CALIFORNIA ARRESTS
H,.ter y Lindsay sgt. Minor 5. Martin.
twill DO remembered that the defendant was di'
CHARGED from two orders of arrest last week. lnms
dsiy after his discharge those orders another
granted by Judge Peabody in The present suit. IL
was held 10 bal IN the cum OF - IN. This morning
motion to oischar,e the defendant WAS argued ana re
suited IL i.s d,sClerge.
stuart and Whitehead for p'Sinaf; Stogdil an.
Smith foJ defendant
The pa,s Bssk a.t. Robert Davi. e. r..
Motion grantee
TIE ONO IdtE AND TRUST COMPANY.
An additional attachment for the annexed amour
granted sga.ust tho OHIO Life aud Trust Company
q, tie suu q; tl.e defendants named below.
E5encEef c. Grosytu0r ct a. - tic 81,
THE OLD POLiCE-WERE THEY LEGALLY
DISCIiARGEDl
The Peopc rel Robert Gambling sst james w.Nys a.
Commissioners Of Po..'e
Before Justice DAVIES.
This wa writ of ccrtio'dr granted soma tvs,
weeks ego upon the application OF the relS.or WIZ
WAS formerly policeman in the sixteenth Ward, an(
who alleged tina. he illegally discharged from tn
Pohce, ipssnuca a. be not served with any notic
OF written charges against him "a required by sec.
OF the metropolitan Police law. Judge Davies 10
the purpose OF lnqu',ng as 20 whether Gambling ba'
been notified or not, referred the matter 10 James
Whiting, oq.. to inquire and report the facts Of III
case. Upon the report OF the felsTee, judge Dayie
granted the SIT Of cC5t'0rarT.
The referee reported that Mr. Sutherland a dul,
Appointed policeman, WIN was on the 10Th of Inn
1857. acting in the capacity Of an Inspector an,
.Pec se q DAc Carpenter the DePuty Superintendent
Pec did 18th 81 June 1857 TO be served
. GasIs Cabin. Per.oiEssy nGa 4 u wr,lns r(uu
Hrieier6cker HAN corner Of twenty third street sad E.b
avnue a. sat tina. day that Gambling did report him
La ca TIE Eigh Of the 10th, morning OF the 2th
tre pcsentd oisses In writing against Gambling an
ast uotce Of such written charges against Gsmbn
MOI ~, pen bin pcr.onay bat tse messenger lee tn
~, AZ We, then .Oans such whose u
r't; % GsmbsS snt 0smSins dId DO, report hg.o.f
!'"'enseA' OF Nss eetroPelitsn Pole Tor o''Y vHi