The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-22

consequences
in until The ss so wssisas re
gard loss through transactions Of said Ludlow, would
ss,e AND asore saa reached any al
which acts and omissions were contrary % the duty Of sad
standing rules Of said @ Of s Which s
That the rst suspension occurred on said 2 Of August
failure s' s s is q The ssee Of said
ss so s trustees Sss by Ss
suspended payment al lhe oflce in Cincinnati.
to he 'ns 81 @
x said company sne i this way disposed Of about four
lions of said assets and continued make such partial distr
Ihs, the duty q said trustees said suspension
@s sas nS clearly s the we're
ample pay creditors IN iuiD instead Of which they
he condon the assets and
e "a ns I
unpaid
and said assignment the general and notorious report
ss a Ss s s Of a p would not pay %
claims against the company fell greatly below their
and during lie same time Ss said trustees or most tse%
OF ns Of sd s
sanction q me Board Of them TO the
company, a, the par amount of such purchased claims
I ssa, az ws. &c sp @
said trustees could avoid an assignment much that al
signmeo, passed the 18th Of September 1851 the
Wss so aow said and
pay of heir debts and claims.
Board of Trustees part
themselves in order thereby to Keep 70 ,hemsevss Virtual
control said assets and 10 Inspection OF The
Board Of S
That the said six trustees maas by their own
action the OF said company accepted said office and
Of said Board Of Trustees plaintiffs informed and
That the said assgnees though frequently applied that
purpose have refused allow any to be made q
OF creditors and especially upon written application made
Tha, said compa
hands OF the manner in which they
statement Of laid ss-ss Of said iabilie-
That said assness under the pretended power OF compro
prefer nces to some q The creditors Of sand company and
ploymni Of counsel and
sary at high rates Of and in running into grea.
extravaganza and unusual In the said
That said assenees have wrongfuy given Ludlow.
moved thereto hy Ludlow would Otherwise
the knowledge and completely said
them the said transactions Ludlow
the Of such have by s Of
others requested the said Ludlow keep silent the subject
an Of which actngs and dongs contrary equity
adequate remedy except the chsncery side Of this honorable
And the plaintiffs further that they bring no.
butte 10 The costs Or this and Sey say that they bring
the IN the corporate said company because
but said trustees or assignees authorized 10
The plaintiffs pray that receiver or receivers be appointed
by this Court 10 take charge OF the assets books all the
or elsewhere hat subponss issue against Al t5e sad
defendants resident within this district the
Of Ohio and that the said other defendants residing
d Gn r. " w caa process they come
AND se plaintiffs nun % s' h defendants who
That the said trustees he decreed for
demniy the plaintiffs and the other creditors said company
for all losses they have sustained by OF the default
OF said trustees
That said assgnees decreed account for the ma
nagement OF said trust and for the losses sustained their
That the said be marshsed distributed by this
Court among the creditors Of tins ompany with little delay
as may be necessary, according 10 equitable principles
That preliminary or provisional injunction pre-
vent e said defendants or Of them from further
TO the receiver receivers that by this Court
All The assets books accounts papesand all other property
And that the plaintiffs have and other relief as
fy is1s sHsa
W. g. MCLEAN, SComplainants
After the order above alluded 70 was entered the Court
adjourned and Deputy United States Marshal pro-
cccced TO serve the injunction upon the defendants.
Mr.. Brcadwell In the I'LL the order was
directed to be entered When this LEI, ncon
nenty. The deputy then proceeded 10 the the
company on Third street. and found there but
boy. Aware that the trustees and assnees trying
TO AVOID him, and get the receiver appointed by
pcror Court IN possession before the injunction o. the Cir
cult Court could he Mr. Manson kept bright look
Third street and the Trust Company building and
seeing Mr. samuel foscck about entering the office
Valley Bank, he and served the Injunction
him, and just he had completed service tho sheriff
coming 10 take possession receiver. lie arcompa-
picd by AcsSrs. stctson and Broadwcll
so the Marshal claims that the United States Court by
serving ~ process FIRST has got Jurisdiction.
Tho defence, understand deny this, and the question
VIII be the rst probably that up before the United
states Court on Saturday.