The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-24

panies and have actually made proposals in substass
AS follows the said other three companies woui
'lIon and half OF the stock or the said other tnre
con ,anes the defendants would at once wind up IN
bussn. vs. or The SAID Morchants Union Express Com
pany, ~ It's property its debts they could
and divide such residuum II any, as there might b
among the associates retaining themselves tho mil
lion and na Of stock - their reward for the treache
10 their sssucatss that while such OFFER was pendin
the dotenoAu Socum In anticipation OF It's being &C
ceped and eousaanated ordered TO DO purchased 70
shares OF the stock Of the other said three companies
with the OK pecation OF it's being enhanced in value
such a1angenent wss completed; that said OFFER wa
rejected that sad slocam then ordered much OF thu
said two Thousand shares OF stock aforesaid had beer
purchased for him to be Sold that the said defendants
other than the said Seward than expressed their will
neness TO eest such an arrangement as Aforesaid
they could receive for distribution among themselves
excluding the said Seward s75o 90 worth Of the stock
OF the sara three cupanies of the said defendants
protesting that he entitled TO receive larger por
ton q such stock because IL the arrangement was
made 20 would be compelled 70 eays the country and
TO reside In Europe in consequence OF the oum which
would atach 70 him ~ the proposed arrangement was
carried INTO effect that said las proposal w also re-
iected BY the said three companies ana that pending
the sametbs said defendants other than thesaid seward
had nesting Of officers Of the snd Merchants, Union
Express Company at Aururn and another At Cleveland
Seward putforth tothc public reports TO- the
hnaDcial coaeitios OF the said comprny.
WhereforDthis plaintiff prkys, well on his be
half nS on behalf " all other associates who may choose
70 come in ard be made perty plaintiffs thereto
Of shares OF sock aforesaid susly distributed
by the sad deendasts and hs the defendants
ing TO such distribution may becompees by the decree
OF thB cost tSnoca1nt Tor and 10 pay 10 the
ceiver Hereinafter prayed for twenty-five per OF
tho par value Of the stock so distributed.
iSecoHd-That The sold defendants may be seyaraly
removed from taeir position ase officers executive
committees tr is,ees in said company aud may DO
restrained, both rremuarily and perpetuaw, by pro-
crnJuncon orGsr from any further interference with
the property the BUSINESS OF the said company aud
may IN Ike manner be restrained from any
further carrying the business of the said
company and from receiving or transporting any
freight, Or money, orpackages OF kind whatever
and from mourning any debts or liabilities on behalf of
the said company in any whatever, and from any
further using the OF the Merchants Union Express
Company 10 such inanner as to incur any liability
obligation the part OF toe said company the
part ofthe said plalntig
Thsrd-Fhat receiver OF the said company may be
appointed, with full power and authority pos
session of all property and assets and eec4 OF The said
company, wherever situated and sell and
the same into money aud'to pay and discharge the
balance that may remain IL any after paying the said
debts among the OF the COMPANY pro rata
according TO their respective interests therein.
Fourtirha the defendants may, by O. deci OF this
court be compelled to transfer the possession OF sach
receiver ali books papers, vouchers eq'pnest, money
and other property in their hands under tho r control
belonging 70 the said comrsny and may also he decrced
to transfer 60 such receiver BY good and au decd
ali real estate belonging to the said conpaay wherever
situated, and in whose ths title may be :
and that they may be aforesaid restrained
from transferring from dsposing OF Of lad pro-
perty pending this action and unt the appoint mont OF
said receiver
FJiA-That the plaintiff may have suoh otIAsr relief
such further and different relief to tho court may
seem meet; and he demands Judgment herein accord
ingiy anc tor his costs
WIN. c. TRAPHAGEx Attorney for Plaintiff
JAMES I. BRADY, Of Counsel
City and County Of NeD York, SIS. r. Waterbury
being duly sworn, deposes says that the foregoing
complaint Is true to his knowledge; except TO
the matters therein stated TO be information and b.
Lief and 70 those matters he believes them 10 be trus
s. p. WATERBURY,.
sworn 70 before this goth day OF Junv 1S57-cHAa
c. HALL, Notary Public, New York city