The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-01
MISCELLANEOUS.

MISCELLANEOUS.
NEW YORK SUPREME coyRr-coUNTY OF JEF-
' Well. VIM rlsso jane: S Fang Easard Jadss
Express coapasy and Henry Wells frsiaea aud 4Iss
To s s5s d s4& re-
nc said The subscriber a. sslI
after the service hereof exclusive Of the day Of such ser
time aforesaid plaintiff this action apply the
Court for the relief demanded in the complani-Dated,
srwrlL PIERCE, Plaintiffs y, attorneys,
SUPREME COURT JEFFERSON COUNTY
Norris winsow against John Butterheld Henry Wells Will
iiam q; Fargo, James Fargo. Edward b. judsOn, Alex
press Company and Henry VEINS President d and Aeuan.
Pss y
rirst@rhst 'se Ameresa EspSsss Company is Join.
a%s or hs State Of New a' YoSi eui having 1S is oc
New PSS%f'A and snsasa
transporting and carrying express matter over and
hire: that the said John satserasd. Henry Wells
ESMs ans afs s
trustee: and directors Of the said joint stock association
and business and have been saeh directors Tor
e ss Dsss an y se az and that e @ s
associaon and the said Alexander Holland has been
sscond-rha. prior 70 the union consolidation of the
said american cypress Company with the National
the capital stock The said American Express Company
the year 1866 By an arrangement between the said
American Express Company and the said National Bankers
and Or the stock 81 ,e @
nine millions dollars and divided into shares Of Eve
hundred dollars each Tha. At or abon, the time Of the said
union and consolidation and preliminary thereto the
said American Express Company divided among stock
essnns ten on hand and receSed from the sSarsGodes
Q: me sad National Bankers Express Company or those
received from the American Express Company large
capi sock Of the said smeca1 Express Company %hS
Was issued 70 the sad persons so interested TO he National
received among The siocahoders Of the said American Es
the sad union and consolidation. the said panu is in
Third. The said plaintiff, the time of said
cSnsod1uSa Of me said two companies as stockhode N
did receive stock the said American
pesss 10 ae csts Of 9 anne o saa A%s
the said STOCK and issued the scrip Or certificate therefor 70
held and still holds and owns certificate
therefor bis Ion ready TO be and that
NIL or par value thereof.
after the said American Express Company had and
was doing very prosperous and profitable business
gains among It's socShoders and accumuatiss large sur
companies said Express Company earned and
paid two quarterly dividends Of three @
Belief AYERS that dividends did not exhaust the net
Fifth-Thai about the Of the eonsodat on of
the said two companies and about the time that
ss S Ss
rany was organized and established as Joint stock ASSOC
citation for ne purpose Of CARVING on business in com
other companies then existence ana
ss e Company saa and 's s
United States Express Company and the Adams Express
and Carrying on Of The general character as
Sn Of hs ns sa s
Merchants Union Express Co%psny and to and
said Sa 70 accomplish the said Unlawful
The e, sand combining and
selves tariff OF express charges
~ and not S :as and on e and
rpnoas that u q ABOUT The month Of October lse
acting as the plaintiff Is informed and believes IN pursa-
pany and the ssid other confederang and combining
companies issued private and confidential circu,ar to It's
annexed and marked 4; the plantir is informed
federatns companies Al or about the same time issued
s s o% ms: anS % ms or
tanned In the said circular were followed and observed by
express companies and each and every OF
them; and said combining and conederatng companies,
the Merchants Union Express Company deliver
any dealings with the SAID Express Co@psuy
combining sompans: did ednse The rates
than actual cost OF ansporaton and from that time
Combining and have been and are
carrying at low and runous rates and doing
loss, and at ioss that VIII prove rum
sx,sThat receipts Of the said combining and confed
Grating express companies including the American Exoress
COMPANY have been from before January isS 70 the
month that The receipts Of NE american Esprs's
ss zoo asanst ssss resolved FOR the cOrrcsPoaains
Of s y. M ns S 2. IN Hs he se rsrn. S
the said American Express Company 10 the United states
snr express companies greatly reduced
ing the months from the corresponding months IN the
ssss.hTha. in The month Of rsesu.ry ss; he ..a
company received circular signed BY the President aud
Treasurer thereof copy Of which Is hereanto annexed
and In which they state that they
s,oslhader TO omit the usual quarterly dividend pay.
able this date that the entire earnings OF the Com
sult the competition with an osganiza,ion formed TO
and IN neh they rther stated that was evident
he competing express companies could not oa continue
The policy Of this Company TO srpend every dollar Of rs
s,ockhoiers to insure complete and lasting Victory rather
than to struggle that this pl@n,n immedi
s s o 9gg ss ss yses letter.
Of the he Of
ton by the circular and sssns. the said abuse Of
aud ,Se s,d platinum Aa: =. ali es upon every
Sa 70 ana Nv Se Espre
connection with the said other combining and confedera,
a lawful Competition In business.
Eighth-1hat the said American
Comnxnv has not for many months past the
expenses same this plaintiff is Informed and be-
evcs that losses have during all that time been
and II the same course OF action rs con
nned the future the plaintiff apprehends that the said
American Express Company will become speedily bank
rupt aud lnsovent u Is not insclvent that the
said plaintiff informed and believes the said American
Express Company Is borrower OF money to large
amount in the street, and from banks and otner parties
the purpose paying obligations and carrying on ~
business surpus that only from 80 70 20 per
cent OF It's capital represented. the plaintiff
formed believes, by The real and personal prop
erty which has been acquired and Is nov held snt
xncd hx he
sad cspai represented By the value q its business
the good will Of patrons and lie frauchises that thu
said Company, thc said plaintiff 10 informed and be
heves very largely in debt over and above any mean
the payment thereof other than b
of the property By assessment OF lie stock
holders.
Ninth-That As the plaintiff is informed and believes
the said directors and managers OF the said American
Express Company various times, used and ap
propraied funds and credit Of the sad American
press Company for the purchase and sale OF stocks or
The OF stocks for speculative purposes and thai
prior election OF Directors Of the New ior
Central Railroad Company, which held In December
ls6 the said directors or trustees some or one o. them