The New York herald., 1869-01-27
The Afclienry Case.
supaEEE CCg;T-cAaHssss.
The Mcrchants' Uuion Express Conpasc
Litigation.
Before Judge ingraham.

Before Judge ingraham
James ". Bacf.Jord rs EiD,0rr II. Ross 6nd
0heTs.-Tlis case came up. yesterday Oh motion 10
show cause why the injunction previously granted
10 restrain the annexation OF the Merchants Union
ana American Express Companies should not be
continued.
Mr.. Strong on behalf OF the plaintiff read the AN
av OF Charles Grace which set forth certain trans
actions alleged 10 have been committed by the de-
Tcndants the effect that early IN 1896 they directed,
payment to each member OF the committee OF
$500 rs compensation for services. That about
May, 1857 they directed an advance OF $4,000 10
a nrm OF brokers 10 protect their stock from
assaults in the interest OF other companies. About
past services to date OF 81 BOO and nxed the future
salary OF the trustees az $500 year, and the salary
OF the president was fixed at $4,000; OF the wee
president. secretary and treasurer 49, 600 each and
Of the members OF the executive committee a $4,000.
In September further advance to the same irn OF
brokers OF $4,000 was directed: that aoout Noveni-
ber further payment 10 the members of the execu-
tive committee OF SS, 600 each was directed; few
days after 81 900 to M b. White for extra services:
soon afcr asa o0J TO cac member of Tire COMMITTEES
ana the attorney conlition they should invest the
amount In stock. In May, 1883 TINS latter grant was
Der OF the executive commitlee that in May, 1858.
the secretary was required TO prepare duplicate Of
the minutes, emitting repealed end rescnded
orders aud resolutions: that IN August, 1868
the committee il1cd tho salary Of w. III.
TewI Ier last ' services ~ that ahn IN oyemper ea sc
they directed the Issue TO H. ". slocuni and John A..
Green, Jr., or 5s0 shares ana To H. >. Stokes 900
shares on the prctence OF rcnuner0tlng them for
their retirement from the committee in order 10
encct the consolidation; that s. r. Comstock was
made trustee in May, ana that in October and No
vember they voted him $4,000 for his personal
services $4,000 Tor interest. and took his note for
$4,000, payable In legal services. About No lee1
they purchased . ano shares or stock IRON Com,
stock a $35, the market price being S23 per share:
that IN December. 1863, they sold about 1000 shares
ut from sI 10 $i8 about ifty per celt OF the
nent levied on the other stock; that the committee
has allowed $4,000 as travelling expenses; that az
one nducement for subscriptions 20 the stock they
company without the consent OF majority OF the
Stockholders and that they haye revoked tins prov-
sion.
nylng the allegations contalnel ~ ,no rorevolts and
also the ans.sss e 20 tne Complaint the substance o.
Whlcn has already been published, The answer de-
nlep that tac $4,000. .000 were pald by bofd Hde sub
scftJvrs 20 the stock OF the company, but alleged
.nat the sum received by the Merchants Union Elk.
press Company as capital did not exceed the sum OF
sGoO0 600. The defendants further denied that they
whatever by selling stock belonging to the company
and buying 1t back again and returning II 10 the
company when they couid obtain II at lower price
~ charged In The complaints tnat the Executive
Committee msmnnnFed the AFFAIRS oi the COMPANY
or disposed OF or expended the money which had
been realized, fraudilently or In violation Of the
rights or any stockhol0er.
Mr.. Van voorst who appeared IN behalf OF the
American Express Compaig, read the affidavit Of
Mr. Fargo, which set forth facts areaay published.
The Court adjourned the aIgumsnt OF the case I'll
this morning.
For paintlfI, Mr.. Strong; for dtfencants, Measra
Eapallo, por,cr, Constock, sescll and van Worst