New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-03-11

N the west and the Petition above @ a ma d
70 .ho ranted suspendng the said Drew from ms sa,o
sfees and requiring him to show cause wi'nn
Wby he should not be removed thesr 9resaa md the
Kill T and compiant in the last mentioned action
pPO't % ne and believes that ali these proceedings
a oreinated and exclusively by attorneys employeu
by the said Work pctDg as agent iOr 'DS SSa
XIV That ii none Of the said proceedings have any
even directors aforesaid been made parties OF had any
opporunity to be heard although such proeeedhgs an
XIV That the defendant Frank Work az the paidnuat
"a Informed and believes Is agent OF inc ueiebuah
Cof7feus Vanderbilt and since his election as
director Of the said Erie Railway company ne nS and
The eompenS nes and instituted all the said proceed
nss in bad faith for the like interest and for the interest
VI XVI That the acts and proceedings aforesaid are In
Railway Company from successfully competing with the
said Central, Hudson River and Harlem III ~
prevent from securing it's fair share OF traffic from the
West and that they are Sg SaBB T h is Rsy will
cause irreparable injury to the sald company Hs Soo
WV That the issues raised by the complaints in the
actions above are In goSd part te Wbo
and as the plaintiff hSgn Setermped IN single suit
and these Various proceedings have been multiplied IN
9Sd fa G6 nn1 ,OT it's eers and stockholders
XVIII That in order to complete fnish ana operate
double track put down steel rails and purchase cars,
engines and other necessary equipments mas nee ~
and e. @ be Necessary hereafter borrow large
and in order TO borrow said money! c ~ 70
and will continue 10 be- necessary ioT sau COMPANY ~ ~
issue bonds provided by law coupled with the rgne 10
XIX That a large number Of such bonds so legally
ssued are now outstanding and in the hands OF BONA nue.
same into stock as provided by the tenor said bonds
and II the Company refuse TO comply with their sara con
ages in case OF depreciation of the stock and that the
injunction in said suit restraints the Cor
Into stock and from issuing any new stock OF any CON
vertble bonds which Injunction was artfny eontL1ved
I'm order to cripple the Corporation as Aforesaid where
| fore the plalntif demands judgments; 90. ,,,,,.
l. That the defendants, Cornelius Nanusrppni, wilma" I
III Vanderbilt Richard schell, Augustus Schell James
II Banker George G. Barnard, Frank Work and Marshall
b. Champlan be restrained by injunction from ADVISING
rying on, or assisting Ia commencing prosecuting hH
s sRg g hayng for its Object in whole part the
removal or suspension of the Directors or officers OF inc
Erie Railway Company any OF them, or INC procure
ment OF Receiver OF the property OF The SAID company
or any part thereof, OF tho disposal IN any wy % s
COMPANY from carrying out any agreement heretofore
made by its Directors, and hon ConttIns vi dcn
already commenced, or dong any act toWaru TIC coD4
| mencencnt or prosecution thereof
q That the defendant, Frank Work, be restrained 10y
Injunction from acting Director or other Ohcer or Tie
Su That the Gcfsndnnt tie Erie Railway Company. be
required to issue stock IN aGcOIdanee WIN W. b
its convertible bonds upon demand Of the houef OF SucH
| bonds and .,,, NJ. -,
required 10 continue IN the performance OF lne proper
| functions a. such. a., 49,, l.,
|
this complaint be required TO submit their claims TO the
| decision Of Court In this action. .,o., ,...
cy and County Of N- York-wiam Ben beng saith
large speculation Of an eIrao1ary elaasef ns AnSDI'
bhei and broker stock brokers Nth Iho@ am ID d
among the persons ga.e said speculation Cornelius vaaderb
Richard Scs Augustus sels james H. Bahcr Geo,se - W m
sorting 70 Bo,st where going and frequent,
taias 'i oE and Sio =. dspoaa' Informed and believe
OF sad transactions tor ,hs person. Aforesaid W BEIDEM
sworn before me- March T. loo5 W. II. Money! p,u.
on and County Of Nes. York -IierU n. Smith beng
Con ' S:aYds az an Iafi nth tSs Operations q TIE oc
uafi being egsgc 10 them daily amater perfectly understood
Grafton Tor spseass TIE s5 Of the sad Company and for ih
IGpOse sse e Price thereof By p3eeeda n We CONT Ia
william H. yigdsTblt Richard Shsl james A Banker, George
Barnard Franz Work, and others .m,a.,,, -, .,,o
Il appearing satisfactorily TO me by the afdays o. tPe
plaintiff and Henry n. smith and the complaint duly
Verified by the plaintiff that sufficient grounds Tor h
defendants Cornelius Vanderbilt, William vanderbilt
c SafS 5 anad Frank Work and Marshall b. Cham
plain, their agents ana servants refrain from ADVISING
melting, commencing or assisting IN commencing any
action suit petition or proceeding having Tor It's object
in whole or IN part the removal or suspension OF the
OF them o. the procurement OF receiver OF the properly
81 the sqid Company or any part heTso OF the dsPosa
restfshing q the said Company rom 3a any
agreement tfetoore mQde by its directors as aforesaid
or doing any act toward the commencement thereof as
aforesaid and from doing act in tnrtheranee OF said
from aging as director or other officer OF the sad Eie
| Railway Company 3. That the deIenuaht the fJlo
Nav Company be ononed and restrained from refusing
or negccting 20 issue stock IN accordance with the terms
Of It's convertible bonds, upon the demand OF the bona
dde holders OF such bonds and Thet the sad directors
other than the said Work, he enioned and resrQined
from refusing negeetDg TO continue In Tue perform
OF their proper functions as such until the further
order OF this Court and IN case OF disobedenee to this
order they viii be liable 20 the punishment therefor pre-
scrbed by law. But this injunction Is not intended TO
interfere With the judicial functions OF said George G.
Barnard. Aud do further order that the said defend
ants show cause before at Special erm 10 be held at
the Court House Of the city OF Brooklyn on Wednesday,
March 49, at 10 m why said Injunction should not be
| continued. j. W. GILBERT,
| March Q, 1863. Justice Supreme Court.
! STILL ANOTHER INJUNCTION.
Judge Cardozo has also issued injunction in snit
almost identical In form with that brought by Mr. sche
but which John Bloodgood plaintiff In this suit the
Erie Railroad Company and its directors enjoued
| until Mr. Work Is permitted 10 act n director.