New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-30

CTpsrJ has ou tanc any surpu' asset vhich It i
~ uoctsshry e. use r. pas the orfin>Iy demsads
O. eiLst IT, ilc should BE- invested 10 some mao
rerto rs 10 produce ui,rust aui create iu'd tt ~
ruipote ~ providing t.e means 81 pay Dent 81 the
q tic boldors &C said rel ct.d stock witt "
be efiudg,d ngans' the CoupaTy.
"1ie.e pla.Its s.leee that il the surplus earning"
of tie Company be divided aud appsrii'n~d am'tg
toe ecogDiz I'd st ckhGlders If said Company cstead
nf beng applied 20 ne paymeb' VI lis crbt, su1 II,
hiIiiies 'be Company ~ be unable H. meet its iabi
tee or 20 satisfy provide for the claims q the hold
er. ~ saic ale ged nlsel, and frandalrLty ,u. stock
without e-,dtipg TO Ioeous which will embarrass the
trnnsacrs Of the ordinary aud legitimate business Of
the Cen parry, ana require AMI demand large aad
beuyy criccs { tie ms aus e the Co npany which
yll ere.iIy diminish ard depre sase the value and
worth OF he IT, ok ~ -sd Company.
And these plaintiffs alege Oh st they are appehen-
sive that tie ssid Company sill proceed To pay ths
on the 10Th Of Febraary 1857 unless the payment Of
the same be- rcstra aimed AID enjoined by tns Court
And trey further a'lege that such dividends will, IT
Dsid. be paid TO and divided among these only who
holder. e the shares OF stock oil SAID C"mpsdy
which ssid Directors have recognized, AID that all
other claimants will b. excluded from any psrcipa-
ton therein.
"Ibe plaintiffs therefore demand Judgment that
the said The n. w-York and New Haven Company,
its officers &c. aud the said defendant VIM. Hcneat.
he eroired aud restrained from paying the isdend
declare by the Board Of Directors, and which !. de-
csred to be payable on the 10th Of February 1881, or
or making payDeot Of aoy Gum VI money rs dividend
upon any of Tie stock Of the said corporation, or
ftom using &C.. any Of the funds, &c, Of said copp
ration to be used or appropriated for the purpose Of
payiIg such dividend any part thereof or any dvi
dend upon any Of the stock Of toe said Company until
in the said aciiob commenced by rbe said Company
az 10 this complaint is stated o; in other proper
actor in Court Of competent Jurisdiction. there shall
be- final judgms Mt in favor CT said Company, disai
lowing the claims of the persons claiming TO estock
holoers in raid Company and Rot recognz I'D ~ such
By said COMPANY. and until by the dnsl liquidation Of
debts and liabilities Of the said Company acc punt
of the loan aud disaster in the said complaint men.
TONED and shall appear that the d. DTS AMI lis.
bities may be paid and discharged and div,dsnd
tMd without reducing the capital stock OF said Com
psry ar that temporary injunction TO that effect
NAV be granted restraining the defendants as above
prsyed during the tendency Of the action and tina.
the plaintiffs may have IN the premises snch other or
further, other and further relief Is may be just"
In conformity with the prayer of the complaint, the
folio wing injunction granted
INJUNCTION.
On reading the complaint in the above action, by
which eppes that III. plaintiff. entitled to the relief
c.nea therein and aids.t at sched thereto aud tn. said
with surety motion Of Bu1l Dawson Ba.ri attorney.
srst and The daDdant w: Bssn, rs.rrr Thereof"
DE- s 3 s +, s n oa s:
h sf Of o aud aid as
and GE aS s,m s to s :st e.
Corporation pu pose Of paying such dividend
part thereof dividend npop Of the stock Of tho said
Company until the further order OF the Court.
Feb l5 1857. HENRY E. DAVIES.
The defendants now for dissolution Of the u-
junction The Company, in the answers, assert that
the plaintiffs owners OF the spurious stock AMI rely
upon the decon Of toe Court Of Appeals afDrding
tbem principle which TO found rule of dscrmina-
ton between the spurious and genuine stocks. and oh
jet 10 the jurisdiction Of the Court over foreign cor
porations.
The Court refused TO permit the plaintiffs to intro.
duce affdavs ip answer to the sworn afdavts, aud
the argument is proceeding.
For Mira. Blstchford. Larocque Barlow; for Car
pepter e. Vernilye, Burill, Dawson & Burrll, and
CHARLES OCcnG.
Frederick b. Lelsnd, President. &C., ast Stephen
aul-Judsuent for plaintiff.