The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-22

tered upon the dates of his said trust DepOnents
further show and aver on information and oeuei Una.
OF number OF shares Of the said lottery grants out
subsequently, and before the list day OF Decem-
her, 1902 sold and disposed OF nus c ants sn "
money. to be paid by the said summons Dy
Instruments but said Simmons failing TO meet
said payments, the defendants Morrissey and nach,
arah e. Summons sold and conveyed their several
interests in some form to the defendant benjamin
Wood. for an amount OF upwards OF $500 oOO. 70 oe
paid by instalmeuts and that there has been paiu
thereon upwards OF 500 000 the balance thereon not
having as yet matured or fallen due Deponents
owned ten or the interests in said grants and
property but before the commencement 81 this 10.
,"a he sold The to the Pa Dckeon Ur
lien thereon for upwards oil S5o0oo.
Deponents further show, on Information and belief.
that the defendants John Morrlssey. Anderson ald
Zachariah E. Simmons, have frauduently consplred
together 10 deraud these plantlifs by obtaining the
possession and control OF the business carried on by
z. II. Murray X Co., as well MS 10 rep0ssesS them
selves OF The interests heretofore conveyed by them
to the defendant Wood ana these plaintiffs That to
defendant, zachariah Il. Simmons, In colu.
sion and under the direction Of deenoanis
Morrissey and Anderson, commenced an acton
IN the Supreme Court OF this state, Oh
or about The 10th day OF December, 1859,
against these plains and other defendants for the
purpose Of securing the appointment oil said Nor
rissey OF all the property and effects Of
g. III. Murray X Co. Deponents further snow tnat
for the purpose Of carrying out SAID conspiracy and
delrauding these piaintiis aud securing the posses
sion and control OF saa property the sad Aacaarah
II. Simmons in coilusion with said defendants Mor.
10th day OF December, 1869, an order appointing
the said Morrissey as receiver. Deponents
further show, on Information h., aad ., pelieL ana
MOrrissey, Anderson and Zacharlah y. simmons at
the time Of the granting OF said orders well knew
that the order appointing Benjamin Wood receiver
Of said property was in full force virtue and effect
and knew that the legal title to the same was vested
In the saidsWOOd. DepOnentS further say that they
ara nj
pretending to act under and by virtue OF the author
ity Of said appointment as receiver and while the
title to the property was vested In and In the p0Sses-
sion OF the receiver heretofore appointed Tor the
purpose OF deirauding these plaintiffs has pretended
70 sell and 7, &C, convey the grants a ana properly
that i the said defendant william L. simmons, well
said properly by him from Morrissey that the title
and possession OF said property Was vested IN Ben
!amn Wood az receiver BY virtue Of an order r OF
liam l.. summons Is brother OF the defendant
Zacharlah Il. Simmons, and was well acquainted
have been e purchascd by nm from Inc said Nor
rissey, and that the price pretended TO have
been paid was lar less than the actual value OF the
same. Deponents further show, on information and
belief and charge the TACT 10 be, that SAID pre-
tended sale was fraudulent and collusve, ana maze
for the purpose Of deirandns thess aepohents ana
pretended title to the hereunder for the benefit
OF the defendants Anderson Murray and Zacharlah
~. ClllHlOus. Anu odio dtpOnSutS
dant Morrissey TO William l.. Simmons Is
fraudulent and void Said Opponents further show
acts and representations OF the defendants MOTIFS
sey and Zachariah Il. Summons, q. IL. Murray Go.
OF said defendant John Morrissey Tor upwards or
fifteen thousand dollars and now held by the de-
fendant Morrlssey Tor winch e sa!a O. d. Marfa n
payment thereof would seriously prejudice the
rights OF these plaintiffs and the other par
Thnt rrv1dn ant
dition OF affairs, the said defendants Morrssey
ana Simmons arrogating to themselves inc
rg 10 h, manage , ara sa AND
removal Of the books ana property aforesaid, de-
ponents rhese plalntlns are compelled to continue
III and be exposed to all the prejudice AMI LIABILITY
of the business IN question, against their WILL With
Our any emOlument therefr0m, and Wltn0nt being
suffered to represent act iii behalf OF their own
INTERESTS that deponents these pialntiifs nom this
cause must and VIII sustain and suffer lrreparaDle
aud irretrievaDle injury that the business hereto
prosperous and lucrative, but through the miscon-
duct ana mismanagement OF the said Murray
and simmons ana saon 81 the len has Us
become impaired and greatly deprecated Ia value
and losing heavily and under Its present manage
ment must and will continue TO do SO. DeDonents
INFORMED belisye that the books, papers and
munients Of title to the lottery grants IN question
and other papers aDpertalnlng TO the business
thereof IN the possession or under the control OF
the defendants Murray and simmons. Deponents
further say that the said ASSOCIATION doing business
under the name OF q. II. Murray IL Co. are Indebted
to them In a large Of money, arising out OF
profits OF SAID business. which they refuse to pay.
HENRY Cotton.
.. 4. DICKINSON.
Sworn, &c.-HENRY N. WAITE Notary Public.
The following is Judge Cardozo's order:
Ordered. That Benjamin Wood, OF the city OF New
property, assets credits and effects OF the business
mentioned In the complaint, and 0f the
aaS ea in Fys es
to be heid In trust by Charles II. Murray,
Zachariah e. Simmons and Lewis Davis, for the use
and benefit OF themselves and the other Defendants
in this action, or any OF them. and OF oil property or
rights Of property held owned controlled by the
firm known as G. H. Murray h Co. And IL is further
ordered, that saio receiver execute bond In the
sum Of $4,000 with sufficient sureties to be APP
proved by q justice OF this court, conditioned for
the faithful performance OF his trust. And 1t is
further ordered, that upon the execution and
fling OF said bond, said receiver shall be vested with
further ordered that the parties to tals action their
agents or attorneys or any person or persons hav-
ing the custody control or possession OF any money
books. papers, chooses in action estate, grants fran.
chises corporate privileges or properly OF any Kind
belonging to or apreraining to the business men
toned in the complaint herein, assign, con-
vey, transfer and deliver. the same to the
said receiver together with all vouchers
papers or correspondence g, relating IN thereto a
he Is hereby enJoined from dsposlng or or collecting
the acceptances referred to Iii the complaint herein;
and that he pay over to said receiver herein all
moneys in h,s hands belonging TO 9. II. Murray II
Co. forthwith. And that SAID defendant William
l.. simmons Is hereby ordered ana directed TO
deliver to the said receiver herein all pro-
pcrty, money and effects - received by him
under the pretended sale from John Morrssey
as receiver, Immediately upon the service Of q
copy OF this order. And 1t Is further ordered that
said receiver have liberty to sell and dispose OF
the lottery grants and franchises mentioned In the
complaint In this action, together with all properly
OF whatever Kind belonging or appertainin2 TO SAID
business. either at pubic or private sale, as may
best protect the interest OF all parties And IL
Ia further ordered that these defendants ana
each OF them be and they are hereby onIolned and
restrained from selling, assigning, transferring,
mortgaging or encum boring, or IN any way or
manner whatever parting with or disposing or the
lottery grants In question, or any one OF them, or
the business or good Will OF the business apper-
tanning to ali or any OF them, or to any right title
or interest to In all or any one Of them,
or the real or personal property belonging or APP
pertaing to said business wherever situated, or
from IN any way Issuing or operating the lottery
grants IN question: or from causing or participating
In the drawings under SAID lottery grants, or gener
ally from pursuing. prosecuting, conducting or car