New-York tribune., 1867-06-18

report Of tho Receiver appears ne claims to have car
RED Out ls instructions 20 the sale. No persons Neta
present at the sale who would If the property was offered
III III ,palate parcels Did M good ln' ana py IN ih5 ~
gegate Tor them he enOun OF the Judgments OF Rose
/ lLins Sn5 cheney. Cheney thcNupon offered snd lds
~ one pa ior the whole property as ah entirely 800 los
tle interest in hnG,. contracts, and in lalcS concgG
- ' s ,' , we ane hieiesi' PIP .hS n.i ,ss .
~ tlee c2iV'Vo '1 lol li Tie iea estate o Nh'oh Ns
Company was seized IN fee al the time sheldon was sP-
pointed Receiver Cheney being the hgne, bid0er, al
me property Was siuck down 10 nin for the anOnn- W
tJlolC a2 Cheney thorupon delivered % the Receiver
Two receipts properly executed for the amounts of tho
judgments oi himself ana I1osekdns' and also @ isiac-
ou piece OF each of their respective ind gmcnts The e
t'Ilt "pli,d tie aHo"t 81 SiV'D' ~ upon the JudS-
lnrnts, not recurring actua pa{ nom Cnciey aA9 re-
aed the 500 TO DE subsequently accounted Tor by him
He also executed contract sale with Cheney, end Joined
ID the sale with Duser sewards successor, lusor sons
all MS right title, and interest in Che property, al ha
same time and place. and TO The same person.
NJ JN,llce HoiAeN entered ah DI't e',.l,E ei's 10 70
port Saratoga spings on the l7th Of DeoemDer IVA
PQPIy 10 thehey ana tOappy 80 much Oi tne anoss s
bddon by him for the real estate in the anner specIhed
BoSanS ~ participate with Cheney IN the benefits r-
stin9 ana FOR him 90 become with Cheney, jomt owner
ol an tie company property ana mat pafsuantt0 70 ts
agreement Rose kraus executed the satisfaction price and
Company Jl the property acquired they O receive ts
sum OF $4,000 Tor the lands originally sold by thcIn
given Of sl50NC0 each, winch mortgages held by
rhCn. That Ro,eLrans Cheney, consideration Tor
fhe canitai stock of the Adirondack Con,pany
| and also their bonds 20 the amount Of oaOa.-
have thus acquired title. they haye conna'nocd
work upon the road and completed y ~ far - Lllerne
ana intend 20 entirely complete 1t. Tart thc mortgages
have not been paid, and actions having commenced
4SlnSI tHe company, lhe oelehuaHe Johh a DiA .iu nv
assets and property OF the Adirondack Company That
these receivers, acting in hostility 10 each other arc as
6uming contract and mana yemont Of the railroad
and properly Of the Adr0ndack Company That tue
lands sold 10y Kosekrans and Cheney 70 the Adirondack
estate and Railroad Company worth the slsn they
sold for and the property sold 81 te leceNers sale
Cheney worth S2C000O9 That ROeekrans, on has
own behalf. and counsel for Cheney en-
tered into corrupt and colDive ogcement
with Heron A. johnson and Others VINO Giained
10 act for the Adirondack Estate and Railroad
Company and that, through tins arrangement,
ROscans was permitted 10 obtain The orders, directing
the sale by the Receiver That also, by tlls arrange
ncnt that sale was conducted by thc Receiver sndef ths
advice aud counsel OF Roscrans, Cheney, Johnson aud
others. That Bosclrans as a Justice OF tie supreme
Court had au unfair and undue advantage IN euch pro
cecdnG lu procuring the order Tor he se, ana IN pro
curing the confirmation OF tho report % the EnceiVer IN
IcuOD thereto That this order ot sale was VI ~ and IN
the sale, conducted, in vOiaOu OF the rights OF
the Adirondack Estate a;'d Railroad company, aah ln
siockhodtis inclh4hs Jhc PaHuh. lHhs pit-ul" nao
no knowledge OF whether The Adirondack Complny wco
cognizaut OF this fraud aud colusion lhat IoHeans
ana ChtbtF nave D. thlr stheic an col1.'o, ~ -,
an mair and uncOpsciOnablc advantage against. tio
Adirondack Estate and Railroad Company ana i stoch-
holders, including paiu ILa tne io,co5 ol tno WI s
published NY thc Receiver did not contain o. run
accurate description Of the lands, % properly IN
prOntng b. this unduo advantage ara are SOCK
to gain more for their lands than they entitled ID, at
the expense OF plaintiff and other sJDckL0aetS OF th"
IN did not know until November lol5, tiat TINS maud
had been pracccd. Tint to allow that sale .0 stnd Wh
ile Adirondack Estate and Railroad Company That
B0-erlus and Cheney now seeking through uteOih
the profits and assets the Adirondack Company, ana
not by oreclosng them. tnus mpalrng he vaue OF tns
stock which, but Tor the actions Oi ROssano q Ch3ey,
~ ,,r, ,,tt .tr,ie,f Tl,, l1o- Il NOT All o. tho
stock set apart ~ ROeirans and Cbenoy, IA
udomeEt and relief are thoToorc domlnje First that
Too
uielI second, tha, Idirif ana otlss5 iicie1'ta
WHO may unite with hul, bc sbroxtsd 90 M tie nights,
benefits and pecunaTy advantages -mt E3'5hfsh5 end
Choucv have acquired by virtue O Lhc sale, oictpIhS
their mortgages aud tnat thc Adirondack Complhy 10
colopcllcd 10 cancel the Stock 10 and b0ad, 5lanI!n9
IN The name OF RO5skrans and CneBoY, ana ine pAo
amount OF stock and bonds 10 such receiver as may 80 up
uOuted by tine Court, for The beneutOI plls tnd tns
The Adirondack Company be restrained nom l'LS any
stock on bonds TO RoselaEs OF Cheney Iat ~ D) "cn
.0 or bonds may have been sued 20 .osa4 Na and
Cheney, and which may have been 500 or yt
h them. they be compelled To pay over - hucA ise iNst
be proceeds; and, as to Slcn 500 Ot h Dohds, h
s.4 ia ti fI ii-,1r, ~ fI,e1, ana tg rc1ur red to
restrained nom ui7p15iI5 % ''l'' ''e ~ az "a ,i.,o
transfer them such Receiver for tine Decn5 oi Pan-
ts Third: That B0sekraus ana Clehoy We '.p6oudny
euioined from taxing any iurthGI aGylon "Ea, -,
ceiyeg, John A. DIX and John H. NMse Oh tnt Aafon.
eacA COMPANY ot tS S fogciosi1 taoi mon the
/ lands embraced within them by description fOurth
THAT the Receivers last named Dc peIDsuay ecylne6
from paving 20 either R0sekrans OF GAehty any PotOh
Of the OOO Out of any property OF The AdOGacA Oo-
lhat referee appointed to take PROOF OF tte matters
81 rhs complaint, with view Oi aGltsthS the C4.soS
the appointment Of temporary ltrceVef oiAtA tnas
"a temporary Injunction be granted restraining Ceieh-
doing OF the IctS appreIcL0eo DY pibD-
H Seventh, for such further order Judgment or 10
lief rs the Court shall proper 20 grant and as shaH
TiG deiondant'5 case could not he presented on the
present tria he merely claiming tns ie coz aihb OF
The plaintiff oven true presents no injury u hi or
I richt I'm him 20 maintain a SUIT Iht dthurthl aus"
sa. thaf IL there be any right OF 6u u - n the re-
coivers 0l the Company, ana not la to bVo-AA1oeh on
one oi them.
Decision reserved. .o
lfr H. W Dodge and Mr James 7. Brady for plaintiff:
Nr Mott Tor defendant
Before Air. Justice PECKHhR.
ORGANIZATION or RAILROAD COMPANIES.
York aud Jamaica Railroad Company
Ihi, was an action 10 declare the franchise OF tho
Gefendas forfeited, the ground OF irregularities Ia
the formation of the Company. 10 was charged hy tho
untas that tine Company being specially authorized To
organic under the Turnpike act The pcfaols named LAD
uer,crrd 10 0ueu subscription books but meeting nfOr-
m v had elected officers who had then ~ once present~
construction OF the ROAD Win KIM
ball q sqOO01 in stock and bonds II WS ClbWea
that thiS usJIpaiiOn rs made ne or Giuif fiOiH
aud uEde n direct cdhtVen-
riou o their ciaIcr. which allowed t3in Only ~ borrow
nynrt after sl0OHD had been a'tH.Y t1nrnifd Aiter
hearing a fse evidence TIE Court oecs'd l1lI 40 cpo
fad rar uaua ont it appeared that however 'esn-
, an. i grts may have been, there td since been
RATIFICATION made y genuine slockAOli'io, VINO ii+1 40
tu1 81 subscribed and paid in their sdbafp.Ons f9ulo
nr t6e defendant 10y direction OF the Court Inc C0uu
dntcd whether could grant on allowance ih hbch
ra.e and the argument OF that point WIS postponed 10
Mr Chatfed for plaintiff; Mr. Parsons for defendant
AAI,ERs-B Before Mr. Justice IhahAhA&
DECISIONS.
Alfred Kearney agt Benjamin i. Butler-LlOtiob
denied.