New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-05
CIVIL COURTS.

GEN. JOE JOBNSToHs EXPRESS COhPANY-TRouBLB AAohu
TIE sTockHoLDKRs-ALLE0IP ACKNOWLEDGMENT AN"
O. w Josyn agt The National Express and TranspOron
Company
This is an action against the Southern Express
Company Of which much has been said OF which Gen Joseph
Johnston was tile the President The action was brought ~
Northern ookh0d In this city 10 the amount he has
subscribed to enioin them from making further I'M
from carrying out certain contract and Tor other Ie
complaint that prior TO Noyemler lec the Phii'
induced by representations that the National Express
wona guarantee the capital against and that the call would
exceed cent TO take go shares ana ul he has
since paid the ten per cent on bis 1t then alleges that
The epnT was not then incorporated but that the money sub
scred was appropriated to the use of the company that IN
press Company and used the funds subscribed In tho
Company Of that name and were Incorporated on Dec,
~ 1865 that Company has not complied with the terms o.
ity; that the plaintiff claimed rs sockhodeT IN ne nov
Company that Company have made third cal Of five per
cent which they to enforce by the sale OF hs sh'
that control of the Company Is monoPozed by persons IA
Maryland and Virginia Who have administered iiS ans aI
tay and unfairly that they have mismanaged lis business ana
squindered its means in illcgmnte operations that nus
made unfar contract with The PRESIDENT that ~ rs s
vent and hos compelled borrow and credit that
its property in this city has been attached thu IT'S
exee its incomes that ii Is KEEP, IN operation ny M
for which large suns are paid end stock given 1t l % M
pany has advertised the sale OF the shares OF aehqaeh
holders ard intends TO exempt rs inyorite from the The
collection of assessments that tho Legislature " H nS
Company was incorporated IN 80 was "a GJ
unauthorized body and the act Illegal nnd nvnu =, Al,
i, and ovs in rddition that Directors of the Com
pany intend the Northern stoekhoacIS ,h bd into
Tie control and possession Of the Southern sockhodcrsi that
proceedings have initiated in Virginia to dissolve and
nv The southern stockholders who wish TO monopoize It's prop
ety while they woud hold Northern stockholders 10 Their a
On this complaint ana affidavit injunction issued re-
straning the Company from collecting tins HSseSnent nom
borrowing money selling stock and fom carrying out the
contract with the President and the present motion made
by defendants 10 dissolve or modify the preliminary injunction
issued in this against said corporation about the 18th OF
August last This motion made the original papers on
which the Injunction obtained and was heard before JUS
tice Bsrnarf yeseriay
( The grounds taken By defendants were:
EY That the complaint does not state facts sufficient to
complaint plaintiff not stakeholder; ( That he
against the corporation for his alleged claim.
Second: That this Court has not Jurisdiction in this action
grant the final relief the facts which The complaint nj
leges and demands Judgment for ~ TO declare the defendant
which, foreign corporation insovcnt and to ask ths
Court TO appoint receiver 10 wind up It's aHS GU TO De
clare that defendant corporation for the that the
Legislature Of Virginia from whom obnined its charter
not legislative body legally organized convened. and had
no authority 70 create corporation 90 To the acts
OF this defendant its officers in foreign State IN which
appears to have been created for the reason taAi inc He
mismanaged and insolven and could not probably con
The Court took the papers and reserved It's decision
Roger A. Pryor r. Guernsey and g. p Lowery for defend
ants John L. Burrill esq opposed
TIE ALLAIRR WILL CASE-THB SUMMING UP OF COUNSEL
AND THE JUDGX cHARGE-
CIRcmT-Before Mr. Justice DAVIS.
Francis W. Roe ct nj agt A. T. Caeia AIairc execntrix
that the summing up In this case would com
yesterday caused nrger attendance than usual
Several ladies were among the numter present
Mr.. Samuel c. Lyon, associated with Mr. james T. Brady
plaintiffs slated commencing
summing up the counsel for the contestants requests the Judge
TO charge; 49,. -. ,,. - ,.,o,. G.. ,Lo
presence OF the witnesses and each OF them the signature must
Be shown them and identified and recognized BY the esiaor
and In some appropriate and proper manner acknowledged ny
Cd That tie conempates the Subscription the
the publication Of the instrument will two distinct acts
and both necessary to its due execution
Mr. Lyon referred TO the statutes and quoted authorities IN
support of his request
ExSurrCEate Bradford cOnendod that atestAtOn clause
Mr. james T Brady then summed up the case behalf Of
the plaintiffs lie spoke substantially as follows: Tbs case
comes hearts "a our souls We all recognize
the solcmny Of death Mr. Webster said Kings Emper
all must die and ae at OF death reduced US 70 one
long been acquainted lie was fine type Of the successful
bn man Of wealth beeneahcd her according 70 s ,r
what 800 Think Of IL look Of this blind woman h favor
lie daughter That is the case in she'll Coud this
this good man blinded by bis second wife make such
will under such circumsaneesi This will was not executed
according the forms Of law, and IL lad been 1t was oh
tanned by influence Mfr Brady here read the statutes
in relation the proper astalon Of wills ana eohtenaeu
Mr. Brady theH rccapitnlad the testimony Of Mr. Hart
How could this old man remember ROW what he could not r.
member years ago In this easel lis very manner on the W
stand showed the greatest ndeoision In relation TO MS
memory Of facts connected with the case In - ne was very
did remember signing tho win as witness at
all lie also very uncertain In FcaoA MI Ahaie sigma
Dir Brady read the jury the propositions which Mr. Lyon
bad asked the Court TO charge ana sad he ya answered
those questions they ought 70 be he WIZ ~oud pe
broken ought 20 be- IL this estate wa divided as ought
have been III his huube judgment ~ NOul AhNt Btth
divided into sxths so that all those entitled might nave re-
ceyed their due share OF oil have night 10 do
case went 10 show TINT this viii was made in conflict
with what might have been expected. This second
sider her necessity to his happiness and fostered
in his bosom spark unkndness toward his children by his
first wife absurd advanced the other
side for the making Of this extraordinary VIII The most
trivial disputes differences between Mr. Alaire and his
make this will For years he permitted TO be alone
with any of his children by his first wife This second wife
hf,r
bnt subsequently, and before was opened said she did
Mr. Brady then read testimony from Commodore Vanderbilt 20
show that the greatest kindness existed between Mr. Aae
and his children by his first marriage before the second mar
in this matter according to TIE dictates OF their heads and
Fr Bradford commenced ty abiding to the Van.
derbi evidence and said that the soElg up by Mr. Brady
was credit 10 him but that he had omitted touching
Of the points that considered 1t essential 70 evidence
There ere ercumstances in this case should make
careful There are skeletons N all homes Each
man is judge Of his family affairs md If We are 20
upon ourselves to break wills made by rsons III SOUND
mind and leaving Their poper! 70 those Tho ihey pesr
eldest son does not contest he will neither does Mrs An.
drews one Of the daughters Of all the children By the first
Wife Mrs Roe alone n speak, contests the will These
children dId not act according % the evidence they ought
10 act They did visit their sick mother during hen Illness
bey did not visit father comfort him. MIS- Roe refused
10 live with her father when she could have done so Ts
second wife who hasbcen so accused AMI rhcned ngrsed US
Aiairo until ten years after the death Of the fTsi
wife The children o. first wife kept aoof from their pa
rents and from their father especially during ms comparative
poverty but after disgusting him by their cohdact they wanted
lis property his old but the scheme as too transparent
Whyt when This IN s,rnened circumstances he
acted In liberal manner 10 this daughter Mrs Roe making
her and daughter liberal presents for which they made no
adequate return The children had only themselves TO blame
for The terms Of this win Where ore the proofs Of undue u
enee In this easel why should he provide for this babe o
his old age and the faithful and wife who chung TO him
when his children deserted hm Why! has been asserted
that he would have been unable 10 e0gne one OF his owl
daughters he met her in the street long had they kept
away from him This win made eight years before death
when this in full possession OF his faculties and IN
active business In ali the subsequent time he saw no reasoI
oaer It. THERE'S personal property % TINS case There
no rents or profits derived from the real estate The Or hst
side claimed the vane Of the property to be worth
simply Ridiculous This real estate consisted Ede on his