New-York tribune., 1868-03-05

practicable TO Identify H. and the Company VIII treat lt
valid stock. the great prejudice OF the legitmate
stockholders Of the Company And the plaintiffs further
allege that the Erie Railway Company. since the
day OF February 1863 I'm excess OF s corporate pow
ers entered into AN agreement WITH the Mcm-
gan Southern and Northern Indiana Railroad Company
and with certain other parties, whereby the Erie Railway
has undertaken, in manner 10 the plaintiffs I'M
known to ad IN the construction OF certain ailTosd IN
the same State wththe view OF connecting the railroad
OF the Michigan Southern and Northern Indiana Railroad
railroad of the Atlantic and Great Western Railroad Com
pany which passes through Akron That IN and by the
said agreement. the Erie Railway Company has
agreed TO operate the road so constructed and to
pay 10 the parties constructing the same certain
portion OF the gross earnings thereof and to guarantee
to them that the said earnings should amount 70
100000 and to enter into certain other guarantees and
incur certain oDhgatons the particulars OF NHch are
unknown TO the plaintiffs but the plaintiffs claim ana
insist that the Erie Railway Company has corporate
power or capacity to incur amy oohgatl0n whatever ior
the purpose OF constructing adingn The construction
OF the said railroad from Akron TO Toledo, the constuc-
foreign TO the purposes for which the Erie Rail
way Company was Incorporated and to the lawful Dusl
further alleges that the sth OF October 1861 the last
election OF Directors OF the Erie Railway Company was
held. That al that election the present DIRECTORS Vl o
Company Except Daniel Drew was elected lhat llHe
ercod one of me Dear e elected @ at that election
signed ms Office and the vacancy thus oecaslonyu Mis -
of Daniel Drew 10 IN the vacancy and Daniel Drew was
also elected Treasurer Of SAID Company And the PLAIN
Railway Company Is corporation created and organized
under and in pursuance Of certain acts OF the
Rhode island Connecticut, and New-York,
that the defendant. John Edrdge Is tho Presdent OF
Gregory and J. Bancroft Davis together with Robert
IL Berdcll mortgages OF said Company holding as
trustees mortgage upon its railroad for 500 00O000 and
that the defendants John g. Edrdge and Homer Rams
deli and other Directors OF the Erie Railway Company
ford ard Erie Railway Company; that the stock OF hat
Company of very little value, and can only be SOFA lor
ton OF Directors Of the Erie Railway Company con,
tract has been entered into between the Company and
10 guarantee tie payment Of the interest at seven
per cent per annuin upon bonds Of the Boston, Hart
81 a. COO 600 sad bonds to be issued and sold for the
benefit of the Boston. Hartford and Ere Railway Com
wey Company to the amount Of have been exc
cuted by the last named Company and that guarantee
tres 10 accrue upon said bonds has been ndOred upon
them and executed by the said Erie Railway Company;
| tee thereon ia still unsold but is ready
FOR issue and sale, and is under tne
Davis acting In behalf Of the Erie Railway Company
Aud the plaintiffs have reason to aprehend ana 40 up
rebeud that unless restrained the defendants VIII cause
allow tho last mentioned bonds to be SOLD ana put ~
circulation and that the same VIII go INTO the haus ~
bona fe holders who will enforce attempt to enforce
said guarantee against the Erie Railway Company Aho
the plaintiffs claim, that in guaranteeing 3I lne
| Company is attempting TO exceed and is exceed
| ing, is corporate powers and franchises. And
ants In this action, who Directors OF
the Erie Railway Company are combining ana G9nieu % a.
/ IA
the shares obtained by him, and that they have adeo
and assisted him IN obtaining the unauthorized issue 70
him of additional stock Of the Company and that they
| cOncurred and aided in the making of the unlawiu
agreements with the Michigan Southern and Northern
Indiana Railway Company, and others, and in the max
| ing of the unlawful agreement with the bOs
| ton Hartford and Erie Railway Company that
! unless restrained they will further and in the
unlawful issue OF further shares OF stock Oh the Ere
| Railway Company; and that they or sOinc OF them
! have under their control a large amount OF tht
bonds Of the Boston, Hartford and Erie Railway Com
pany with the guarantee OF the Erie Railway Company
thereon and unless restrained will put such bonds into
circulation or suffer the 10 be done Ana the pam
tis further allege that the Erie Railway Company ano
the officers and directors thereof some or teln claim
the right In behalf OF the Company Of creating shares
| OF stock OF the Company, or certncates OF sueI
| shares in excess OF the shares already Issued
and OF borrowing money the hypothecaton or pledge
OF such additional shares certificates OF shares, ana O
lending such additional shares or certificates OF snare
TO third parties and plaintiffs have reason 70 apPeheho
that unless restrained the defendants or the ohcers
the Company will create such additional shares or Ger
tifcates Of shares and hypohecate or lend the same
Then follows the prayer OF the petition which asks Nha
b granted temporarily the injunction, and also asks al
accounting between Mr. Drew aud the Company, and th
payment over OF what may be due from such accounting