New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-07

saon a have Maid an he Indebtedness, including The
v,<ys claimed 10 be doe him, besides enough TO have
seSa hin adebtg Ia the company W large shonn.'
. That defendant claims to have become owner Of al
the property O the Company and that a. part 81 the
(rsudsD nt scheme the Northern Light was Transferred
N suc ultimately 10 ve-t the tile thereto
N hslown benefit in Daniel Torrance, son-iB aw Of
defendant; that the steamships Star Of the Wes'
Prometbeus, Daniel Neb-ter, Uncle Sam, Pacinc,
and Corteg, a large amount Of coal valued al over
$3.50 go and other property were 500, OF pfeenasa
70 be rod BY the defendant at snms tar less than thel
actual value; that the three last named steamer To-
gether with the ,oaI, &C. were by pretended 'ale,
Transferred at sum far less than Their actuai vans
VIM. H. Vanderbilt, son OF the defendant, paI .I f
the purchase actually made Tor deiehuant vi io
his use and is now held for defendant.
That defendant also converted 10 MS own use the
steamship Brother Jonathan; that the properly OF the
Cmpapy exclusive Of what was seized IN Nicaragua,
amounted at the time Of such seizure 70 the sum OF
ever Al 500 900 in value that It's debts, including
bonds TO Morgan Hcyt Of tl2O,OOO, did not exceed
st that time the sum Of $500 600 and that before the
sIprafon Of year from the time OF the seizure,
poihing whatever remained Of it, vast property that
ascendant preteDds 70 have made large expenditures
m and about the business Of the Company since the
Suspension Of its regular business but psintih AYERS
that IL made they were unauthorized and improper;
that defendant occ asOnay filed among the pepers OF
Che Company and caused to be entered on ITS books
fase accounts and entries, which he pretended we're
true accounts Of bis dealings with the Company dur,
ing the time he President that the accounts ana
entries contain many charges against the Company tor
which il was liable, and omit large credits 70
which the Company was entitled; that, among other
yro.s errors and frauds in the pretended accounts are
the omissions TO credit the Company with any texcept
the frst of the monthly payments Of sloooO received
by defendant and also the omission tO credit the en-
tire proceeds Of the alleged sale OF the brother Joha
thar also an erroneous charge Of $4,000 alleged 10
have been paid TO one GOuicOurla, which, u pald was
mot paid in and about the business OF the Company,
beside other large errors, &c. =,
Plaintiff further alleges that 1t sppears by the books
<<, bo( w
of defendant that he is indebted TO the Company 10
the Of t6l 5ii &c. growing out of credits allowed
for pretended sales Of property at the rates ana Prcs
arbitrarily fixed by defendant, from which balance
there IN claimed by defendant 10 be deducted only
the amount Of 100 bonds Of 81 600 EACH leaving, ac-
eording ~ the books kept balance IN favor OF the
COMPANY Of over $40 000 which defendant refuses to
pay over although frequently called upon TO do So
Finally plaintiff dem ands Judgment that defendant De
ordered account for all the money and property 50 ds-
spOsed Of by him, and that the mortgage oils OF SAFE
&C. by which the Company has been deprived OF lts
propery be declared fraudulent and void that he pay
over TO the Receiver oil the money received by him,
and that he render full account OF all his transactions
while acting as the President agent and trustee OF the
Company and for such other and further rehei as the
Court shall seem meet 10 adjudge.
The defendant demurred 10 the complaint on the
grounds that it appeared by the complaint that the
paibtf has no legal capacity 10 bring this action
that the Accessory Transit Company il in and by said
complaint shown to be foreign corporation; that the
Supreme Court had not jurisdiction to appoint the
plaintiff receiver of the Company as averred III the
complaint That does not appear from the fac5s al
legged that the plaintiff at the time OF the com
Of ths action vested with the several cnuses
Of action against the defendant That there IL defect
of parties. in that the stockholders of the Company
not IN and by said complaint made plaintiffs or defend
ants TO this actonin hat the Accessory Transit Com,
pany is not made party plaintiff or defendant by said
con plant and in that neither the Transit Company nor
its stockholders are made parties plaintiff defendant
On the 18th of April last Judge Sutherland gave
Judgment for the plaintiff the demurrer with costs
AND with liberty 10 defendant TO answer within ~ days
on payment of costs.
The demurrer is now on appeal TO the General Term.
John Sherwood and Henry A. Cram for plaintiff;
VIM. NJ. Evarts and C.. A. Rapeilo for defendant