The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-05-07

SUPREME 0OURr-asNERAL TERM
Iowa oOsd~ Murray, Rscsiu~ Of As Acosssry rts~-
Z" comPa"y, %. Cornelius Y. sdrbjk -This cause n
on inc calendar for the present term The defendants
On me 10Th Of April last, which was overruled
oours below, and Judgment given for the plaintiff
IL now comesupon appeal 70 the General Term.
the complaint Of David Golden Murray pscs,vs- ~ .n~
ACCESSORY 1ans" company, the plaintiff the aboveeu
titled action, sets forth that about the aoh s.v J,
March, 1865, action was commenced in tho srr-.r
Court Of the State Of New York. wherein the pspnsv
vania Coal Company" plaintiff, and "the Accessory
Transit Company" was defendant, In which was al
legged IN the complaint that the Pennsylvania Coal Com
p p was ,.. an Incorporation created By the laws
sorry Transit Company was an incorporation cre-
ated BY the government Of the STATE Of Nicaragus
and sS o@ New sU'9 York q
San Francisco via Nicaragua. That the plaintiff had
on the 2lst day Of November, 1855. dolly reco-
In the Supreme Court Of the State Of New York for Tho
sum Of ave thousand and sixteen dollars and ninety four
cents for coal sold and delivered BY said plaintiff q said
docketed in the office Of the clerk Of the city and county
Of New York. and that execution thereon had said
Sheriff Of the city and county Of New York. where the
Office defendants was kept, and the officers resided with
proper directions levy and collect the amount Of said
Judgment with inter the day Aforesaid which exc
cuon war the 10th day Of February 1855 returned by
aid Sheriff wholly unsa,sded and that said Judgment
"
the complaint in said action, and appeared therein that
said Accessory Transit Company nsovent That their
PENDED that the company then had property and effects
claims and demands which could not be reached by
n xhh they refused apply to the ns,
demanded in the complaint therein that receiver OF all
the property and effects Of said Accessory Transit Com
the 10th day Of Nap, 1853 that it be referred TO Samuel
B. Ruggles Eq OF the city Of New York. referee, to
appoint receiver Of all the property, real and personal
IN arfiO nd
demands Of the said the Transit Company and
all rights and franchises at any time granted 70 the
claims and demands against any government State
or Individual belonging 70 or vested in said Accessory
plaintiff David Golden Murray, was duly appointed BY he
referee, receiver OF all the property, real and PERSONAL
all equitable interests effects things in action claims and
and franchises at any time granted the said company
by any government or State, and all claims and de-
mands, &c.
The complaint further sets forth-In the course or it's
said business owned was In possession Of and ran on
the Atlantic Ocean and Gulf Of Mexico four large and
in which they employed, we'll fitted, furnished
and equipped, viz the steamers Northern Light,
Webster, ali Of them registered in the Custom House
Of the port Of New York. That 1t also owned and
ne s ~ ssS @
fitted furnished and equipped, viz the steamers Brother
Jonathan Uncle Sam, Cores and Pacific, which were all
registered the Custom House Of the port Of San Fran
cisco. That it also owned number of river and lake
boats and other property upon the river and lake ore
said and in and upon the Transit the Isthmus
OF Nicaragua and aJge OF coal and other pro-
perty connected with the said business Aforesaid at the
ports above mentioned. That the said steamships North
Light Star of the West Daniel Webster, Pr6metheus,
Brother Jonathan Uncle sam and Pacific purchased
together with steamer called the s. s. Lewis, Of the
defendant Cornelius Vanderbilt in about the month OF
January, 1853, for the Of million three hundred
and fifty thousand dollars That the steamer Cortes
was Afterwards in the month OF june 1885, purchased
for the Of two hundred and twenty 6vo thousand
dollars to supply the place Of the said steamer s.
Lewis, which was lost; that considerable amounts Of
money expended by the said company repair and
improve the said severa steamers that shortly pre-
vious to the month Of January 1885, they were estated
TO have cos. million eight hundred thousand dollars
and fairly worth the sum of one million five hundred
thousand dolarr That the coal on hand In the Pacific
ports then estimated to be, and worth the sum
Of hundred thousand dollars and that the entire
pery OF the company was IN or about the month OF anu-
ary 1856, estimated to be- and worth the Of
two millions five hundred thousand dollars That IN or
about the month Of January 1885, the total debts Of the
company were estimated the sum OF three hundred
and nry thousand dollars, and did not exceed
previous to that time II had been sound and profitable
Lastly. And this plaintiff demands Judgment thai the
defendant may be ordered and directed to account for all
the moneys and property Of the said company that have
70 the bands Of the defendant at any time, with
which he justly chaTgeabe, including all the monthly
payments Of forty thousand dollars received from the
Pacific NAL Steamship Company and the United
States Mail Steamship Company, from aud after the rst
sage and freight moneys all moneys received or which
ought 10 have been received from agents and debtors Of
the Accessory Transit Company" and all other moneys
that have ought have into his hands,
account Of the company together with interest," and thai
accounting the defendant may be charged With all The
breaches Of trust and interpolation Of the property Of
company, with which the defendant is chargeable
and that the defendant may be adudged to pay the
plaintiff the which such accounting shall be found
justly due and owing That he further render fu true
and perfect account Of all the steamships above named
their tackle apparel furniture and their earnings Of ali
COAL coal huks and other chates OF every name
and descriptions the property Of said company or which
did belong 70 the company in the month Of March, 1855,
all the acts and dougs Of the defendant Hereunder and
all the bills Of sale and transfers. and other acts and do
Dgs by which the said company has been deprived Of
property shall be set aside and declared fraudulent and
void and that the defendant may be charged and de
rected TO for the full actual value of all the
said steamers COAL coal hulks and other chaes together
with interest on said several sums.