New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-10

Deficiency. Sfif'oi
Another act in the drama Of the Erie Road has
closed. Mr.. Nathaniel Marsh, at present Secretary,
has been appointed Receiver by Judge Mitchell, at
the unanimous request OF the Trustees of the mortgage
bonds and of large number Of the unsecured bond.
holders.
There was no opposition to Mr.. Marshs appoint
ment. At a late hour Messrs. Brown Bros. named Mr.
Berj Loder but expressed Themselves entirely salts
fed with Mr.. Marsh. As soon as Mr.. Marsh has e1-
ecuted his bond TO the Court he will pass into foil
sion of the Road and the whole dramatis per-
sona who have hitherto figured in the management
during the late unsuccessful season will retire to
private life excepting such as may be retained by
Mr.. Marsh to assist him in operating the Road. In
order that the parties in interest may know the pow
ers of the Receiver, we snnex the order for his ap
poiu,ment:
At q Special Term Of the Supreme Court, held in and
70 the State of NewYor at the Court-House in the
village Of Norwich 10 the County of Cheaango, on the
second day of August, 1889. PreseH-Ihe Hon.
Chss Mason one of the Justices of the said Court,
James Brown and John G.. Bancroft Davis Trustees,
and Daniel Drew ss The Ne~York sad Eiie Railroad Com
pany-yenue Broome CounyMoton for an order appointing
Referee appoint Receiver Of DEFENDANT and Tor instrc
Motion on complain: AFFIDAVIT. Of Drew and affidavit of
Motion granted and William Mitchell of NewYork City
Referee appoint Receiver and directions to Receiver
and affidavit, settled directed be filed
win ''''' HENRY A fArLER, Plaintiff. Attorney
No. IS Wall street New York.
AS DIvgs COUNSEL for plaintiffs. for the motion
The defendant. APPEARED b Slab sa,re: and stated they
He''"'' ''"''' - JAMES G. THOMPSON, Clerk.
SUPREME CoURT-BROOME COUNTY.
Brown and John Bancroft D.v. TS.tree. and Daniel
Drew Bondhoder plaintiffs, ssL The New York aud Erie
Railroad Company defendants s..,u
Tern :. s AID dn ~. COMFY Of
Ch.nargo, in said Safe, ne ID day OF August in the year
Present. The Hon. Charles Mason Ja.tic.A motion by the
plaintiff. III. sa for tie spPnm, Of and kfGsvg R 81 S
CoIran founded upon the h-ren and upon
the sfdsvi,. Of Daniel DIsw ana j. e. bsneso Davis sna
,.yic. Of the AID complaint made upon said Cor
porstop snd said Corporation now Ipn aa motion
tehs d the plaintiffs for said motion and further pp
the day August 1887 and known TIE i1qrth mort
gage Corporation duly executed and delivered BY
ts.reaon rscod,d ard I'D or became Valid lien on prop
cry therein mentioned and upon al the corporate eas pro
peIy effects anchi,es ea.enei and other iaLes hsien
ce,cbsd conveyed sod hat large number Of bonds have
been issued by said Company which are secured BY sad mort
and the og'standns and unpaid t9s tue hte-.
upon ron Of The ,sid bonds que and unpaid sace the s
dsy APr lAs, past and ha, the said ha nor
the esEso paying 't Interest," aud iha ne proceeds sna p
~, Of raid noss.d property ba. should VI nsa 60 70 pay i
diverted 20 CHEZ paTpo.e and farther. tina,
been itq6rsd pfoesedns, and that ,1e n.,a
application the income Of said morsssed properly and 'eca,
Ss ~. Of s s.d e H%S coaSa Of
Insolvency. and that the oEsse.d premises are scsny 'sea
And further that the plaintiff. pr,y other things in said
complaint lcr of all the effects property aud ran
Of the sad Corp ration 10 operate and run the 'sd hA
nov non M Diver Of counsel for the pl.intiH i
ordered ha; Receiver be sppoi,ted OF sara ayh Of
TIE Rsrlsd and zeal ard p.rsops Prep.Iy OF me
and Erie Rsroai CmpsnJ sDd Of al ne PoPIJ apper'snna
Il len which coyeIed thereby ana Of h- rents tolls and
9S9T q @ and has dec. and sa. and there
urdr any all Of the Aforesaid Popey lneons
to. powers, franchises. may De ntla'1o
,.,e,rd or enoy-d SID IL the State OF New York
two aid ha; SAID Receiver Be authorized % run
sId 70 pserve .sid propsy proper CONDITION and reps
may be safely and IN me most advantage us-d and
employ ,uch person. and .leh payments and dis
bui..Inen,s may De reasonably nescia or proper
sid b auth ed demand Possession aud conol OF
3. property and franchises documents and nights .ssgned 70
cone tolls and profits .sne and make the requisite
payments the.or And hat Re pay The OF .n sp
phcsou and reference hereby sppnt-d sd also the
rear. now due and nsarips .nd aud the
pa yees upon the said Railroad AID the sno1is due and rsI
and ans. maternal and supplies shout tue
operation and that rents
and due and cls % said Corpof0n AID me sum
and grow due for The ihA franchises aud prop
s:s,e.
That Receiver open Of the nancy received
AID paid By him. he Immediate supervision OF COM
p-,s and b. entered therein ell the moneys
sid paid in the discharge OF bis Keceesup aud
that all surplus moneys yord his expenditures o. de-
posted bank banks in the City of New York,
be drawn th-rero eIe.p his oder And
the secur.l any exceeding $500 the 70
deposited the Receiver the United States Trst COMPANY
the b. tbooee only the order OF said Re-
order Of Justice Of the Supreme Court
uA6e petition therefor
said R-c-y-r make h accounts monthly Of oil the
Moneys received paid and tia, ne hereuPon fe
in The Office The Clerk Of he County Of Ne~fok
Trrpey him assigned operate aid road in hs Re
cev.r md further ordered that in the discharge OF his
duties d Receiver authority % DO al aud things, and
gske al Prop. I'D !es=.sty regulate 70 the honest