New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-01


\. Y. SUPREME coURT-CoUNTY OF JEFFERSON.
Norris winslov plaiLus sgt Bueaed Henry Wells wm O.
Fargo James c. Fargo Edward Judson, Alexander Holland
Alexander Thompson American Express Company and Henry
Wells President Alexander Holland Treasurer Of the said Com
pany defendants Summons for relief lCoPy OIL
TO THE DEFENDANTS: You are hereby summoned and
required TO answer the complaint in this action of which
copy is herewith served upon YOU and to serve copy
OF your answer the said complaint on the SUBSCRIBERS
Mt their office No ca Broadway, New-York CITY, within
twenty DAYS after the service hereof exclusive OF the day
of such service and II you fail to answer the complaint
within the time aforesaid the plaintiff in this action Will
apply to the Court for the relief demanded IN the COM
paint.-Dated June q, 1867
sEwELL & PIERCE Plaintiffs Attorneys,
No. 60 Broadway, n. Y.
SUPREME CoURT-JEFFERsoN COUNTY,
yorr. winsow ss John Butterae Henry Wells William Fargo
James Fargo, Edward Judon, Alexander Holland Aeinue
Thompsou Tho American Express Company, and Henry he
President and Alexander Holland Of the said Company
Norris winslow of watertown, Jefferson County, the
nboyenamed PLAINTIFF by sewer Pierce, his attorneys
compans OF the defendants and for cause
Of action states and shows to the Court:
First That the American Express Company Is joint
stock association organized and doing business under the
laws OF tho state Of New-York, having It's oillce
and principal place of business In the City
Of New-York and Is engaged in the business
OF transporting and carrying express matter over
and along divers lines and routes wthinh United
for hire; that the said John Butterfeld Henry Wens
william c. Fargo James c. Fargo, Alexander Holland
Edwin b. Judson, and Alexander Thompson are the
trustees and directors the said onstock association
having the management control and direction OF us AT
fairs and business and have been such directors or trus
tees for the last eighteen months aud ore end that e
said Henry Wells has and Is the President OF tho
said Company or Association, and the said Alexander
Holland has been and is the Treasurer thereof
Second That prior the union or consolidation OF the
said American Express Company with the National
Bankers Express Company, hereinafter mentioned,
the capital stock OF the said American Express Company
was four millions of dollars that sometime in or about
the year 1865, by an arrangement between the said
American Express Company and the said National Bank
ers Express Company, union or consolidation OF the
said Companies effected and the capital stock Of tho
said American Express Company nOminay increased 10
million Of dollars, and divided into shares OF five
hundred dollars each. That at or about the time
OF the said union and consolidation and preliminary
thereto the said American Express Company divided
among its stock and shareholders large amount of SUR
plus moneys and earnings then on hand, and received
from the shareholders Of the said National Bankers Ex
press Company or those interested therein in exchange
for the stock winch the latter received from the American
Express Company, large amount OF money being the
nominal par value Of the capital stock of the said
said persons SO interested in the National Bankers Ex-
press Company and divided the said sums so received
among the stockholders OF the said American Express
Company who such at the time Of and prior to the
said union and consolidation, as the said plaintiff is In
Third The said plaintiff at the time of the said union
consolidation OF the said two Companies, as stock
holder In the said National Bankers Express Company,
entitled TO receive and did receive stock in the
said American Express Company TO the amount OF $500
and the said American Express Company received the
said of g. for tho said stock and Issued the scrip
or certificate therefor 10 the said plaintiff which stock
the said plaintiff has hitherto held aud still holds, and
owns and still has the certificate therefor In his pos
session. ready TO be produced and that the said plaintiff
paid for the SAID stock more than the nominal or par
value thereof
Fourth: That mp TO that time, and for some time there
after the said American Express Company had Dcen and
was dong very prosperous and profitable business.
earning large OF money and dividing large profits
and gains among its stockholders and accommodating q
large surplus aud after the said union and consolidation
OF the said Companies the said American Express Com
pany earned and paid TO Its stockholders two quarterly
dividends OF three @ per cent each and the said plain
t upon information and belief AYERS that the said div
dends did not exhaust the net earnings OF the said Com
pany ut the time they made.
F That at or about the time of the consolidation OF
said Companies aforesaid ind about tho time that
the said plaintiff aforesaid became sockhoder In
the said American Express Company another express
company known "a the Merchants Union Express Com
pnny, organized and established joint stock asso
citation for tho purpose OF carrying business In COM
petition with tho said American Express Company and