The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-07

Injunction against Messrs Scott, Capron q Co.
IN the Michigan Southern affair. The point
made by Mr.. Drew is that he was the subject of
a conspiracy, and that his credit was in danger,
which made it necessary for him to resort to the
courts ior protection,
Daniel Drew, plaintiff, complains and alleges:-
First lhat on or about the 18th of January, 1866,
he purchased 1000 shares OF stock in the Michigan
Southern and Northern Indisua Railroad Company,
OF the pai value of 5000 000 at the OF sixtyvo
dollars a share. deliverable IN ninety days
Second That on or about the 18Th day of Januaty,
he sod 2OOO shares OF SAID ock and in order to full
M ~ ms bargain, borrowed the ga q shares intending
eloTesald should be delivered to him.
bird. That these transactions were done through
the firm Of David Groesbeck & CO. who acted as the
agents and bl okers for the plaintiff
Fourth. That within few days past the person
from whom the plaintiff had last borrowed this stock
for the purpose aforesaid called upon the plaintiffs
agents for it, and they borrowed from the defend
ants for him 1000 shares Of said stock to replace Il on
an agreement 20 return The same wnen called for by
the defendants.
Fifth. That there has been a fraudulent combina-
ton and conspiracy between divers persons, many
of them not known TO the plaintiff to make what rs
ermed a corner IN said stock by Withholding shares
from the market ana buying up, or pretending to
buy up, upon time or other contracts all the stock
Of SAID company in the market and by those and
other means giving the stock fictitious value, and
forcing up the prce thereof to nearly double ITS real
value, for the express purpose of defrauding and
extoruns money from the plaintiff and others sim,-
larly situated.
Sixth. That, as the plaintiff is informed and be-
heyes, the defendants ale par to the said fraud
"
detraud and injure the Daintif and that, in order
to carry out said fraud they YESTERDAY called upon
the satd David Groesbeck & Co. for the said stock,
and the price being then eXorbitant the defendants
agre TO wait until this morning; within the
time the stock has risen ten per cent, which re.
suited from like fraudulent practices, to which, as
the plaintiff is informed and believes the defendants
are party
Seventh. hat the defendants again called upon
the plaintiffs agents this morning to deliver said
stock, and hey threatened, unless the same is de-
hvered this morning, to buy the same in upon the
palntlt's account az the eXOrblan rate now ruling
as aforesaid, and to charge the plaintiff with the
Urice. ano also to call upon him and his agent for
Eighth That if the defendants carry out their pur
pose, irreparabe injury will be done to the plaintiff;
that his credlt will suffer, and he VIII be charged, IN
accordance with the custom among brokers' with
simulated price far greater than the actual value
of the said stock.
Ninth. That the plaintiff is able and willing to
pay to the defendants and hereby offers to nay them
the real and fair value thereof and that by the
fraudulent combination aforesaid he wilt have sus
tanned large damages at the price thus traudulently
increased
Wherefore the plaintiff demand DIS iudgment:-
l. That the defendants, and each OF them, may
be restrained by injunction from buying, or
pretending to buy, upon the account OF the plain-
lltf, or his said agents, DAVID Groesbeck & Co.,
any shares of stock in SAID Company, and from
calling upon them or him for money In relation to
said matters.
q That he may recover damages against the
defendants IN the sum of 5000 O09.
3. That his contract may be rescinded, and the
far value OF the stock ascGrtained and upon pay
ment thereof that he may be discharged from all
further liability.
After the injunction againt Scott, Capron &c
Co. was served yesterday, and the stock pur-
chased for them by Messrs Groesbeck Co.,
the latter we're enioined from paying Scott,
Capron q Co the difference due them on the
stock-about $4,000. The Injunction was dis
obeyed, and the money paid by Messrs, Groes-
beck d Co., and there the matter for the
moment rests The whole affair will be the
subject of litigation, in which good deallofathe
secret history of the street will be developed.