The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-04
NEW YORK HERALD SATURDAY, JULY J. 1868 TRIPLE SHEET

Col and John Du are - the plaintiff, ne r. inform nSsa
thereof.
ceved by the stockholders OF the said Credit Mopuer
OF America are very great amounting as tne p nH
the %nos saps for two MONTHS e.
OF which, a. the plaintiff believes and insists ough.
IN Justice and equity to belong to the I2ekheldels
SAID Psec RsrGSa oliver %ms a
McComb Sidney Dillon, John Dun, John B. Alley,
Ebenezer Cook, Charles A. Lambard and John +.
Tracy were among the directors OF the said company
when the arrangements aforesaid were made with
the said Credit MObilier OF America the plaintiff
ts informed and believes -
the arrangements aforesaid with the said Credit
Moblier OF America a the plaintiff is informed and
W .
brother OF the said Oliver Ames, In respect to
the construction Of the said railroad and telegraph
lfne the precise nature Of which contract is I'M
known to the plaintiff but he is informed and
believes that whatever II is the said Oliver Ames is
interested therein and that the same was intended
as cover for the real arrangements aforesaid. The
SAID contract ID assigned to and held by the d.
rectors OF the said Union Pacific Railroad Company
or some OF them, and among the rest oliver Ames
and Benjamin E. Bates.
Wherefor the plaintiff demands judgment
CIhat he may be declared to have acquired by his
SAID subscriptions the right then to be stOckhOder
OF the Union Pacific Railroad Company In respect to
by him as Aforesaid, and to be entitled to ac
count OF all the rights property and franchises Of the
said company at that time and to be allowed his just
That until hls rights are fully admitted, and the
salu accounting be had, and payment be made 10
Pacific Railroad Company be restrained by injunction
from declaring. making or paying any dividend or
DIVISION OF any money or property among its stock
That the establishment and management OF the
said Credit M0b1lier OF America by directors and
and its stockholders and the directors, officers and
stockholders OF the Union Pacific Railroad Company,
who have at any time participated in the manage
ment, profits or advantages or the said Credit
Moblier OF America be declared to be trustees
its stockholders and held to account for the same.
That the said Union Pacific Railroad Company be
the said credit MoSer Of RSerss ana he &
Credit Mobler OF America be restrained by injunc-
ton from receiving any bonds OF the United States
or any grants OF land from the United States any
bonds Of the said Union Pacific Railroad Company
made, issued authorized by under the said acts
of Congress or any Of them.
That all contracts and arrangements made between
the said Union Pacific Railroad Company and the
said Credit Mobiiier Of America, and between the
Ames be declared fraudulent and be set aside.
That the said Credit Mobilier Of America return TO
the said Union Pacific Railroad Company all bonds,
securities and other property or the proceeds there
or heretofore or at any time received by the said
Credit MObilier Of America from the said Union Pa
cifc Railroad Company, or under any contract, ar
rangement or transfer made by the said Union Pacific
Railroad.
THAT the said Credit Mobilier of America be re-
strained by Injunction from declaring making or
paying any dividend or division Of profits, money or
property among It's stockholders until the liabilities
OF its directors and stockholders to the said Union
Pacific Railroad Company and Its stockholders shall
"''' FIELD s 81 =. MAN..
Cttv ana county OF Neao York.-James Fisk, IT..
the palnnn, being sworn, says that the foregoing
complaint is true OF his own knowledge, except as
to those matters which therein stated to be upon
info fiato fhofo
Sworn, my 8, 1858, before me.-w. H MORGAN,
ccnsps,v and oiers-It appearing satisfactorily 70
that sufficient grounds for an injunction exit,
do hereby order that the defendants show cause
e IN a sPe Of eM AZ
the 21st OF July instant at noon why Injunction
should not issue as follows
its directors, attorneys officers agents and servants
from declaring, making or paying any dividend or
division Of any money or property among Its stock
Restraining the Union Pacific Railroad Company
from paving or deiyerinr to the defendant '" the
Credit Moblier of America or to any person or per-
sons, Tor or on account Of said Credit Mobiher of
America ts directors, attorneys officers and agents
from receiving any bonds Of the United States, or
or any bonds Of the said Union Paci6c
Railroad Company, made, issued or entered
Dy or luer an act OF congress OF the united states
passed July 1852, entitled "An act to aid in the
construction OF railroad and telegraph linesfrom
the Missouri river to Pacific Ocean, and to secure
the government the use OF the same for postal mill
tary and other purposes" End another act passed
July 2, 1854, to amend the said act and subsequent
acts and resolutions In respect thereto, or any Of
them.
Restraining the Credit Mobilier of America. its
directors, attorneys, Oficers, agents and servants
from declaring making or paying any dividend or
division OF profits, money or property among its
stockholders or otherwise.
Which motion may be made upon the said COM
plant and afldavit, and such other affidavits as
shall be served four days before the motion.
GEO. G. BARNARD.
NEW YORK, July s, 1858.
The Pacific Mail Alleged Perjury Case
Closed and Submitted to the Court.
Before Judge Cardoza.
Moser Us. PolhaD,us, Jackson, ct di.-This case in
which plaintiff seeks TO set aside q judgment for
$780, obtained on q transaction In Pacific Mail
stock, and which came before the court on motion
to continue an Injunction, was closed yesterday.
Ex-Judge Edwards Perrepont and +. w. StoughtOn
summed up for the plaintiff and James T. Brady for
the defendants, In elaborate addresses occupying the
entire day, and carefully reviewing the testimony,
the leading points In which have been already fully
published At the close Of the argument the court
took the papers, reserving its decision.