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

more exercise than their bodies require IN their daily
bors, the practice of pugism alike dangerous their
moral and social existence.
The Ohio Life and Trust Company.
PROCEEDINGS AGAINST THE OHIO TRrsrEEs IN THE
UNITED STATES CIRCUIT COURT.
From the Cincinnati Gazette, Oct l9.
The Trust Company the surface again yesterday,
and created quite breeze in legal circles besides very
general commoton among creditors The Superior Court
and federal court took turn at the crank, while the
creditors got up set Of resolves The most interest
ing feature of the proceedings however strife for
The recevershp between two classes OF the unfortunate
gentlemen whose assets consist in part, Of the
books, papers, &c, OF the exploded Trust Company One
Of these parties represented by Henry Sansberry and
others filed bill in the United States Court for the ap
roinment of receiver. This movement has been in
temptation for some time but has been postponed from
week to week. for various reasons, chiefly. however
Increase the number of claimants in this movement
Another party who desired the action Of the State
the least expensive and most expeditions mode
Element, fed bill in the Superior Court Saturday
evening for a receiver This movement was pushed for
ward vigorously Young America held the lines the
State court party had the advantage generally.
The proceedings the United States Court resulted
injunction restraining the trustees from proceeding in the
settlement Of the trust pending the motion for the APP
poinment Of receiver Before this order served,
however the Sheriff. who appointed receiver by the
Superior Court got possession Of the Trust Company
sets and had the keys to the safe carefully slowed
in his pocket The Superior Court having jurisdiction,
and having secured possession of the property has OF
course decided advantage the federal court 1t is
the opinion Of legal gentlemen that the latter has
power to interfere and that the action Of the State court
must stand.
The assignees appeared in the Superior Court
There lively time among the lawyers, but
no opposition was made 10 the petition OF the
in the proceedings before Judge Mclean. Al
the suggestion Of Judge Hoadiy the Sheriff ordered
take possession Of the property until the Court select
The creditors held meeting. and passed rcsolu
ton by small majority IN favor OF the appointment Of
receiver by the United States Court and committee
authorized nominate gentleman for tho position.
In view OF the fact that the expenses would be much
heavier and the delay IN the settlement Of the business
greater in tho federal than in the local the
rests Of creditors would be best served by having the lat
ter appoint the receiver The selection will undoubtedly
b. maoe with spec reference 10 the interests Of creditors
The Office is OF great Importance, and should be
h.lod by man of responsibility energy and business
talent who wal not permit the business u settlement
drag hIs hands. udcious and speedy disposition Of
the affairs % the company by experienced and honest
all that the creditors aeslre and may be cx
pected under the direction 81 the Superior Court
PROCEEDINGS IN COURT.
Yesterday morning motion was made IL the United
States Circuit Court this district, sitting chambers
Judges Mclean and Leav the bench in behalf Of the
firm Of Bell Grant Of Lonlcn, creditors Of the Ohio Life
receiver to take charge Of the assets &c, Of the
pany.
The plaintiffs represented by Mcssrs Henry STAINS.
berry and W Mclean and the defendants by Mr. Stan.
ley Matthew'S.
Mr.. Thompson, Of Sesmi,h q Thompson, also appear.
ed IN behalf u domestic creditors, who held claims TO
large amount against the company and seconded the
motions OF Mossrs. s,anbcrry & Mclean Altogether,
some nine hundred thousand dollars worth Of claims were
represented
The motion for the appointment Of receiver was ar.
gucd by Mr. siansberry and resisted by Mr.. Matthew'S
The Court suggested that temporary huncton might is
against tie trustees and assgnees q the company and
thus the argument q the motion for The appointment Of
receiver b. postponed for few days 10 allow the defence
opportunity 10 prepare their answer
The plaintiffs socedcd to this suggestion, and tho Court
accordingly directed the following order TO be entered
United Csrua Court, southern
dsrc, Of Ohio q; chamhers-Be Grant the Ohm Iifc
notion ss s siSs oai Do order s. an nun
Ton ISSUE 70 The said trustees and sh As-sn.ss ordering and
s ,'ss and g DC sam. .s the
further order q this Court ana The apglnson for receiver
' Justice SUP cour, z, i, seventh s.scuit
MoSpAr Oct ls lssc.
To Jrpers CIpcuIr CovEr rNrrp srsrrs
,os rns sovTa t. psrEicr % ONO -, :,
Aliens subjects and eisens q he Kingdom u Grea, BRIAN
residents n th city q Lonon kngsnd and partners under
ssarsnss and Irss, orprsny eorEorson Of y. stat q
SsqI esarIe. siesen atrham Tssier John wssm
samuel Bfoadwel. George Crawford. Nathaniel wrigh
ssasc raTsGarst samuel resdies eeorss Lacsy cisSsa
40 resident n aid souhcrn dis,ri and Roter Baysd and
George So citizens snd residents q he stse Of New YORK
Of TIC STATE d Conn,r,iern
Tha, ,hs February term A iss- said Circuit Cour
he plaintiffs recovered Judgment agans, he sad Ohio Late
msges together With costs which aid judgment remains
III ierSs and unsatsaed except 70 about The q
ill.,, ne pan,.a, have ssgsss sr.ssn 70 issue on sa
said southern district which been returned by said Mar
levy Ihs, The plaintiffs en- ind % prgPery subject 70 cle
therefore Obliged d resort 70 he chsncsry jadsn Of ,his
That on or about the ssh q August A. iss the sad
Ohio Ie Insqs.nes End Isas, Company suspended payment
sna "a sns nsrsss nsias,ss sh Z, ~ w.,
wherever situate. hsloheng tho sad % ne said
we'll George Crawford Abraham " Taylor aud cieu.S,
Dietrich who accepted The aud entered upun The duties
~ asigness COPY whereof attached this bsl marked
E.hi.lt a and made part thereof -.
t.n ProIsry sr asset, - pay rs ae,s = rs crsior.
ins about tao millions of dollars, there loss 81
sse.s . such an sA,sp. e = leave defect q .gu ons NIL
The rross negligence aud want y ordinary care on he par, Z
ssd Chsrs sss,son, Abraham N Tsyicr, John 9 Wright,
sam b KEYS o. j s,sdmsn. chss. d Enysrt samaslg
samue forer ali ~ whom are eiaens os Ohio ana re-
.ssn g sa sSa,ssrn Dsrc sna Roser B,ysrd and
and losmer and Fooe cizens aud residents Of tie
and fer long tine hereto the SAID cemps
& pa q s trustees 10 he foos sni psSs
10 iaine % make examinations Of The Of
pGny as REQUIRE y .he " laws AMI rules thereof
a,,,sss s 1 go na,a,ss " rsosf companies snd
modes and upon terms contrary the charter By
il declaring and psying d,ends 10 the stockholders Of said
~n n pioIl i o The condon Of said
losses and thereby diminishing the fund Tor payment Il
In failing hold the monthly meetings provided in The s,h
10 allowing Ed@nc Ludlow the cashier Of sid company
the city Of New York. money ier ~.
said company, unlimited amount and Al s,rh
~ Interest time aud other conditions Idlow
miRietermine ~ pledge the notes bsls and stocks and
~ said company collateral such
oansto deal IN stocks and buy and sell The accOuni
~ said c0mpaDyt0 purchase and sell the
Tany for W sccounto MIKE discounts and loans n the
ney u sa company IN unlimited amount and otfansact
business ~ receiving deposits purchasing and selling bills
hsnee oanfrg and borrowng money AMI usnssctng All
other banking business which said company authorized
transact Tor ana account Of sail company. without
efvenon supervision u said trustees by II which
ausacuns The part Of said Ludlow immense losses
sustained ~ said company the amount o. which ~ plaintiffs
are unable T. state accurately but they have been Informed
t said assianeee admit los wards N three