The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-22
SUPREME COURT.

The Erie Wrr-Augusf Belmout,s Answer IN
the Allegations Of Charles McIutosh,s Com.
plant.
rhe following answer OF August Belmont to the
complaint Of Charles Mcintosh against the Erie Rail
way Company, Belmont and others was nled yes
terday. 1t win be seen that it denies the averments
Of Mcintosh that the suit OF Belmont and Others
against these defendants was gotten up in the In
terest OF parties who were 'short'' OF Erie, &c.:
Charles Mcintosh ps. The Er1e Rdillcdy COM
pdslp August Belmont and Others The separatt
ansoer or August Belmont. or the deendants to
the complaint In the dbore entitled dcton:-Ths de-
6ndant answering said complaint says that he has no
knowledge or information sufficient to form q
belief as to wherein the plaintiff is an owner OF
tock the s Ie W COMPANY OF ny
books OF said company as is alleged In the second
clause OF the said complaint And this defendant
number OF shares Of the stock OF said
company outstanding Is much greater than
Ssa. alleged r n said comPaint And this
he has no knowledge or information SUFFICIENT to
form belief 1respect to the short sales stock OF
said company in said complaint alleged TO have been
made OF as to the desires, devices or measures OF
the persons alleged to be interested In such short
sales; but this defendant says he is not interested
and has not been interested in any short Sales
and has no interest In depressing the market value
Of the stock OF the Erie Railway Company, but H. on
the contrary interested to enhance the value thereof
and has no pecuniary interest In any litigation
pending or contemplated except to secure the faith
Iul management OF said company and preserve its
property from the depredatons OF its present mana
gers. That before the commencement Of this action
this defendants firm Of A. Belmont and Company
brought bro Ian an action in this court against the
Erie Railway Company and Its directors for
the protection Of the interests Of defend
ants said firm as stockholders OF said
company TO the amount OF 900 shares OF such stock
actually held and owned by them In good faith, aud
70 restrain certain frauds and mismanagement on
n. n. part Of Jay Gould James Fisk Jr and some Of
complaint In SAID action and also to restrain further
Illegal issues OF stock OF said company and to obtain
the appointment OF receiver OF funds and property
81 said comnany for the protection of the stock
holders thereof, and this defendant prsys leave to
refer TO the complaint IN said action for the purpose
OF showing the grounds thereof That said action
was commenced before the service upon him OF the
summons aud complaint in this action, ana then
was and still is pending and is being prosecuted in
good faith for the protection OF the interests Of this
defendants, said nrm such stockholders. That this
defendant or his drm had not, and have not
the stock OF said company except as
such stockholders, and are not, and
have not been, directly indirectly, short OF the
stock Of said company, or had any interest con-
cern in any short sale OF such stock And this de-
PENDANT, further answering on information and be-
lef denies that the railroad OF the Erie Railway Com
pany Is now well or eiectually managed for the best
Interests OF the stockholders creditors thereof and
this defendant denies each and every allegation con-
tanned in the sixth clause OF said complaint far
such allegations related to this defendant and far
IS they relate to the other defendants he has no
knowledge thereof sufficient TO form belief; and
this defendant denies the allegations In the seventh
clause OF said complaint, far they relate the
present directors and officers OF said company; and
this defendant charges ON Information and
belief that this action Is brought collusively
ut the instigaton or by procurement OF the said
Jay Gould and James Fisk, Jr., and other dir
ectors OF the said company who are combining
and confederating together to control the affairs
OF said company and to use the funds and proper
Ties thereof In their own private speculations, and
that the object OF said action Is to defeat, impede
and obstruct the legal remedies OF the honest stock
holders OF said company against such directors and
70 shelter them from the legal liabilities which they
have incurred by their frauds and misconduct.
Wherefore this defendent prays that all orders
made In this action be set aside and that the COM
plant be dismissed with costs.
RAPALI.0 r. SPENCER,
Attorneys for defendant Belmont.
NEW YORK, Nov. 10, 1868.
Guy ana County JNe,c York, ss.-August Belmont,
one Of the defendants in the above entitled action,
being duly sworn, says that he has read the fore
going answer and knows the contents thereof and
that the same Is true OF his own knowledge except
- 70 the matters therein stated Information and
belief and that TO those matters he believes IL to
be true. AUGUST BELMONT.
Sworn before me this Goth day OF November, 1868.
GEORGE h. STARR, Notary Public, New York city.