The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-05
SUPREME COURT.


Injunction Against the New York Central
Railroad Compnny-lssues of stock and
Payment Of Dividends Enjoined.
Before Judge Barnard.
Isaac ". Jerks rs. The Ne,c York Central Rail-
road Conipdnp.-Plantir is q stakeholder OF the
defendants and charges that recently and for some
time past large overssues or new certificates OF the
common stock OF the company have been issued
over and above the amount which the company Is
by law authorized TO ISSUE and upon his application
Judge Barnard yesterday granted the following
ORDER
1t satisfactorily appearing to me, from the CON-
plant herein, that sufficient grounds exist for the
issuance OF this order 1t Is, motion or Biatchford
Seward and Grisw0ld attorneys for the plaintiff or
dered That during the tendency OF this action and
until the further order Of the Court the defendant
the New York Central Railroad Company, its on.
GERS agents. servants and employees, be and they are
hereby seyerally cnioined and restrained from issu
ing causing or permitting 10 be issued any certif-
Gates OF stock upon the surrender OF any convertible
bonds, or IN any other manner whatever represent
ing or purporting 70 represent shares OF stock the
capital OF the said company.
And 1t is further ordered that the defendant and
Its officers, agents, servants and employees be and
they are hereby seyerally restrained and enloined
from accepting the surrender OF any convertible
bonds OF the said the New York Central Railroad
Company.
And 1t ~ further ordered that the said defendant
It's officers, servants, agents and employees DO and
they are hereby seyerally restrained aud enIoined
from transferring or permitting 20 be transferred on
ts books any shares OF stock which were originally
bonds OF any kind, which were issued in any way
In excess OF the amount OF its capital prescribed
and liked In It's consolidated agreement at the sum
OF $23 0S5.e0o.
Aud it is further ordered that the defendant It's
oneers agents. servants and employees be and they
are hereby seyerally restrained aud enjoined from
paying or causing or permitting TO be paid from the
assets, property or earnings OF the said the New
York Central Railroad Company any dividend upon
any shares OF stock issued in excess OF said suln OF
s2S0oS6oO, or from permitting any votes TO be cast
on any OF said shares at any election TO be held OF
ia NJ In nf t.Nftt
ence 70 ths order the said defendant, the New York
Central Railroad COMPANY, its ofrcers, servants,
agents and employees. Will be liable 10 the punish
nent therefor prescribed 10y law.
GEORGE O. BARNARD, P. j. s. G.
An Eric Director Sues the Tribune for Libel,
Claiming 100000 Damages.
James FISK, Jr Us. The Tribune association -
The plaintiff IL Wall street stockbroker at present
involved in the great Erie litigation, and the de.
PENDANTS are the publishers OF the New York tribune
This is an action in which Fisk demands Judgment
In the sum OF 100000 damages for the publication
In that sheet Of certain false. malicious and scan
daous words Of and concerning him, under date OF
December I, 1893.
The alleged Iibellous matter ,s as foliovs:-
ERIE WAR NEUTRALITY-SUSPICIOUS. rlfgur nv
HEssRs. JAY GOULD AND JAMES Ffsg JR, Win
+ A LARGE AMOUNT OF THE FUNDS or TgE RRrg
The Erie Railroad war has again assumed new
phase, the movement this time being no less than
the reported flight OF two OF the princpa. directors
Jay Gould and James Fisk, IT., with all the avallab 10
assets Of the road, variousy estimated at from
neither o. the directors mentioned was to be seen In
or around the Erie Buildings. And the rumor ran
that they had ned, taking with them the entire
available assets Of the road. amounting 10 stocks
and money to from 1s000,00o 10 0,000 600.
Where the refugees have gone to is mystery !. :
IN the meantime those mostly directly interested In
the road with the aid OF the police OF this city
deayoring 10 ascertain the whereabouts OF the miss
ing oncers aud the large sum they have In custody.
-A second commentary article was In these Words
Ihe reported larceny OF S. 600 900 In the latest
sauon u me records Of thevery concerning the Erie
hailroad Our columns contain all that Is known
i,us lar o. the mysterious doings at midnight about
~ Erie building and crossing OF little used ferries
snl s.arung OF unusual trains. and signallings and
uodgngs and miscellaneous muddes which have
ed 70 Tue belief that one OF the Erie receivers IL on
v, pars unknown With the money, aud the other IL
leIt 70 conouct his bootess suit IN the courts. We
tu;Ress Interested parties that there are left
might stil be stoen.t'
PialnliB claims that the defendants intended 80
convey me impression tnat lie had stolen a. 001 900
o. more, aud Intended oy abscondina 70 de!raud he