The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-25
THE COURTS.

Before Judge Barnard
aaron 8 Bright Us. The Ail,od,tkee ana 81. Paul
1oisroad Company, The La Crosse and Aa,oaukee
haeroad Company, The AH,caukee and Minnesota
R0arodd Company Alexander Mitchell ana Others
Directors OF the above named Raaroad COM
p0nieS ana Others.-This was an er pdffe mo-
ZION for receiver. 1t appeared that in the
gear 1859 they issued bonds to the amount OF
100000 as security for certain mortgage, which,
however not having been paid was foreclOsed.
heightened litigation ensued, which ended In the
mortgage being declared void, yet good as security
for bona fde bondhoders. The plaintiff was bond
holder TO the extent of about 100000. Mr.. Ira
6hafier now moved on his behalf that receiver be
appointed. Mr.. James NJ Sweeney was appointed.
OPINION OF THE COURT.
Judge Barnard In rendering decision said:-On
reading and fling the summons anu complalnt IN
this action, and on reading and ming an aindavt
complaint and aldavits herein, on motion OF Mr. Ira
Shaffer OF counsel 1t is ordered that James NJ Swee
ney he being proper person, be, and he Is hereby
appointed a manager and receiver or the railroad
and property described in the mortgages or trust
deeds referred to in the complaint In this action, and
Of the rents, issues, profits, receipts and avails
thereof such manager and receiver first to give secu-
rtty to be approved OF by this Court and to be an
swerable for what he shall receive, and duly
tle an inventory and account and pay and
deliver over what he snail receive under
the rules and practice, and as the court may from
time TO time direct said receiver to run, operate,
manage and control the said road and property
described in said mortgages or trust Deeds and TO
have the direction and SUPERINTENDENT of the said
railroad and property described in said mortgages
or trust deeds, and to carry on the same AMI TO col
lect and get in the outstanding debts and effects be-
longing to the said road and property described in
said mortgages or trust deeds and generally to re-
ceve the rents, issues, profits receipts and avais
therefrom; but such receiver is also give security
to be approved OF by this court duly to manage
to be accountable for what he shall receive of the
rents, issues profits, receipts and avails thereof
and to pay the same as this court shall from time TO
time under Its rules and practce direct. Ana
II s ordered that the defendants the Milwaukee and
Et. Paul Railway Company and the directors herein
before named, do deliver over TO such manager and
receiver the said railroad and property so described
IN said mortgages or trust deeds, and the STOCK,
goods effects books and accounts belonging to the
said Milwaukee and st. Paul Railway Company
far as the same refer to or have any relations to the
said road and property described in said mortgages
Or trust deeds, and the said manager ana receiver
1s TO be at liberty to bring actions as there shall be
occasion for the recovery OF such debts as are now
Que shall hereafter become due In the name OF the
parties or any or either OF them and the person or
persons In whose name each action shall be
tSe costs amd are TO DC thereo oG asa f5
road property, stock goods and effects OF the said
road and property described in said mortgages or
trust deeds and out OF the moneys to be received in
respect OF the said debts or from the said road and
property by the said manager and receiver And 1t
Is ordered that the said manager and receiver do pay
the liens OF said road prior the said mortgages
trust deeds or to the sinking fund provided for the
payment of the same, and the interest due ana to be-
come due on the bona de bonds for value mentioned
and described In the complaint, and to retain and
preserve or interest the same, or to fund sufficient 10
become DUE And il is ordered that the said manager
receiver do pass his accounts regularly the stated
times and IN such manner IA may be directed by the
court, after retaining in his hands such sum or Sums
Of money as shall be sufficient for carrying ON,
operating, managing and running the said railroad
o. described In said mortgages or trust deeds, ana TO
pay the balance as the same shall become due from
him from time to time into the Union Trust Company
OF New York to his credit as receiver In this cause,
subject TO The further order of this court.
" Foul Plays mt the Broadway Theairc--rhc
Lloyd and HarISins Theatrical Imbrogiio--
Order Tor the Arrest of the Defendant.
Before Judge Barnard
James 7. LJogd as Daniel II. Harkns.--This is
init brought by plaintG, lessee OF the New York
theatre, against the defendant. who was late mana
ger under the piaintif Of the aforesaid theatre,
and Is brought TO recover $4,000 The COM
plant sets forth that the p'aintin has been
damaged to the amount claimed through the act
Of the defendant fraudulcnty taking the pro-
ceeds OF last Monday evenings (the 18th instantl
performance from the box oGice OF the theatre and
nduclng the company to throw up their engage
ments with the paintin, by which the latter was
compelled to temporarily close the theatre and was
subected to the loss set forth in the claim for
csvery The complaint presented on the part OF the
plaintiff through his counsel, Mr.. John Langtree,
sets forth as fOilows:-
Fnst-Tbat this plaintiff who Is lessee OF the New
York theatre, IN this city at the rental OF $500
week, employed the said defendant, believing and
actor and fully competent 10 perform such duties,
which statement he afterwards found to he false, To
select and engage a suitable dramatic com
pany for this plaintiff, play the leading part
therein and act AZ general manager OF
she said theatre for the term of four or six weeks
from the Sd day Of August last, or longer ut the
option OF this plaintiff for the purpose OF producing
the drama called "Foul Play" recently composed by
Dion Bouccaut aud Charles Reade, and In lieu Of q
0xed salary compensation therefor this plaintiff
agreed to give the said defendant oneiourh OF the
net earnings or profits OF the said theatre. II any,
safd Inn al Inf
the expenses OF producing the said drama were fully
paid. and not otherwise, to which arrangement the
defend ant agreed and In pursuance thereof ne ell
tered upon the performance Of his said duties under
the said contract rs aforesaid.
Second-That instead OF selecting ana engaging a
suitable company, as he promised TO do and should
have DONE to properly produce the said drama. the
defendant wrOngfully employed several persons ~
members thereof who were quite incompetent TO per
form the duties which he assigned 10 them therein,
and the defendant also proved himself to he so totally
onnt for the position which he assumed that the
press and public who witnessed their representations
eeverally criticised and cersured the defendant and
the said persons and their representation OF the
said drama, and In consequence thereof the said
representations failed to be as profitable as they
would have been II the defendant competent
Hs on &oppSy eyenn9 the @ m
gust, instant, while the said drama was being per-
ss OF s sa aha e sy
net earnings profits mad accrued tiereiron, the
said defendant wholly dsregarding his said duties,
Nutted his proper position behind the scenes entered
The box Office In front OF the theatre and wr0ngfuv
sezed carried away and appropriated 10 his own use
and disposed OF the sum OF 1893, belonging 10 tins
painti, the same being nearly all OF the receipts aud
gross earnings OF the said theatre during that day
and he refused 10 return IL To this palntn ON de-
mand.
Eourth-That although this plaintiff demonstrated
with HIM for such conduct and threatened To have
him arrested therefor, the defendant then and there
entered the green room, called the said company to-
Rether, told them that he threw mp his engagement
and would not continue IN that theatre after that
evening" and by false ana lriudulent representations
and promises To employ them elsewhere, ana the
false statement that neither they nor Tits painsin
could produce the said drama without ms
consent, he wrOngfully ana maiciousiy IN
duced them To throw up their engagements
and refuse to perform therein after that
evening. III consequence OF which false and malicious
statements the sad company threw up their SAID
ehH"geinents, lett this plaintiffs employment and
refused To appear any further IN that drama 40 the
saii theatre, although this painui had paid their
saalc- III il mp TO that day aud incurred great ex-
pense IN advertising the said drama ~ the said