The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-27

deleudans other the Buffalo and Ptsburg
X. Vai together Nathaniel Marsh AMBROSE s Murray
Ralph Mead benjamin T. bremner and Charles Mnet VINO
have since died sundy other persons associated them
selves together for the OF purchasing all stock and
purchase proportion to the amount OF his subscription
stated 10 the following list 70 wit ~. sxoo
5 Saa,e a9S SS M SsPf Ss
Dudley $ Sresoiy:: $1,000 TSos "
RoS 1rl Il serde,. 5000 Rorato n OTIS 5000
5. Murray. $4,000 henry A. Tailer.... 900
SAares Iins, iaSSS Henry & EroOEs... 5000
Total amount s55oGoQ
purchased the bonds Of Buffalo, Bradford
ea very by
IN such purchase and for all Other PURPOSES connected with
FDhe plaintiff, is informed by the minutes KEEP, by said
after asS 9 se Of s %
bonds to the OF S2000OU secured by mortgage
trustee distributed rataby among
the associates who paid no further value FOR them than as
s,ru-rhe plaintiff is informed and believes rail
pense both before the SAID associates charge
af.erward all OF which was Wen known to them at all
the times hereinafter mentioned, and Tor that reason they
determined to dispose OF the properly as hereinafter set
spenth-The affairs of the planuf have always been
entirely under the control OF board OF directors seventeen
number and nj all the times hereinafter mentioned,
Daniel Drew John Arnot Samuel Marsh Dudley Gregory
more Henry Pierson, Thomas W Gale Don Aoazo cuss.
man and the before mentioned Ambrose Murray Ralph
and had entire control OF its affairs and defendant Dornan
retainer TO ADVISE this pana and its oeers Of
their legal rights and duties as such.
E9hlThat at meeting OF the said board OF directors,
held in December 1861 resolution passed directing the
with The said Bufso Bradioad and Psbarg Company in
form and substance such actually executed by them
E-That OF the persons mentioned n the seventh
the directors and ali voted for said resoton and without
the of those the said resolutions could not have
TaiI-That January 5, 1863, in accordance with said
resolution, the president and secretary the paintn
cuted the name of the plaintiff and under its SEAL but
signing their names to contract OF lease, which at the
falo Bradford and Psours Railroad Company and sealed
Elp,np-Tba, by the Of said contract agreed
other things that the Buffalo Bradford and rtsourg
Railroad Company should and did lease its road and rolling
stock this plaintiff for The term Of 4s years that this
the running and future cost Of repss and con-
also that the plaintiff should the principal
and interest al per cent OF the bonds
sa000000 hereubetore mentioned and should endorse
Ttc,tuThat the President Secretary of this plaintiff
Immediately aferward endorsed upon the said bonds
antee OF their payment by this plaintiff.
ThiTtshIhat the said railroad and all the property
Seen entirely worbess he mere expense Of opefsps he
road being about $4,000 annm more than the
plaintiff has paid interest upon 900
on, ns SIere @ esaa ON Inc Isl S JUN @
the LIST OF January july lso, and the LIST of January ami
Fa1-Thas the plaintiff has ALSO under the influence OF
repairing and constructing the said Northern Railroad.
SIbesu-That the plaintiff has until very recently been
fore been unable obtain relief from the frauds aforesaid
sepnteenth-Tha the plaintiff and is ready
willing and hereby offers return all the property and adj
aforesaid to the or 70 such parties may be entitled
IoJ,,rTbai az pInn,ig 4 informed and believes the
defendants Chas H. Van and the Trustees OF Howard Uni
OF hassachuss hold large amount Of the bonds herein
before described which they received from the said Charles
Mnot GIT beauest without paying any value the
Wherefore plaintiff judgment that said contract
be declared void Or delivered up cancelled That defend
may cancelled, defendants and them be
snonsd from parting with any q sad bonds without ss
SSsC with interest thereon from average date OF July l.
Robert II. Berdel, William B. skdernore Thomas W. Gale,
Don Aonzo Cushrnan and Dorman b. Eaton pay to PLAIN.
I'm all The damages sustained by plaintiff from the ansae-
FIELD L sHEARMAN, Plaintiffs Attorneys
The above complaint was served late last night.
Another Erie Diniculty-Jersey Justice After
James Fisk, Jr., and Jay Gould-The Erie
Hallway Company in Chancery-Fisk and
Gould and the Paterson Locomotive
Builders-Eisk's Enterprise in the Iron
Business--The Erie Railway Alleged to
BE Approaching Insolvency-Gould and Fisk
Indicted for Fraud and Conspiracy at Pater-
mountaineering Developments.
Had the Queen OF Sheba been visiting King Fisk
her astonishment at The maneuvres OF that poten.
tate would have required some stronger term OF ex-
PpnSiVu tudu tudt WHICH sNc appleu 10 IHe WlSQOLl
of King solomon. Notwithstanding, one would
suppose that with strikes, express schemes,
Vanderbilt wars, Grand opera Houses, "Bos-
ton lnes,n gold corners and the Ike
the ae.sl time and attention OF one mortal
would be pretty wen engrossed. But there Is
n page jn the history OF the Erie Railway now FOR
the nrst time presented TO the public winch in some
respects equals the former legal controversies In
which tina. company has been engaged They have
gotten nor into the Chancery Court Of New Jersey
which is cute different AFFAIR from anything Of the
sort ID New York State.
The Rogerg Locomotive Works, OF Paterson, have
tackled the Erie monsters, and have brought 10 light
most jntera'tDg SUIT In which the bill OF com.
plant based upon the afiidays OF Messrs William
3. Hudson andlaobert s. Hughes, OF the locomotive
WORKS. The bi OF complaint goes TO show that
when the Patterson and Hudson River Railroad was
chartered by the Legislature or that state 1t was
restricted the rate of freight TO SIX cents per ton
and ten ceats for passing through the tun.
MI That subsequently the Union Railroad
wa butt TO connect Paterson with SUI
ferns ana the said Union Railroad leased
the Paterson and Hudson River Railroad, agreeing
10 carry out all its contracts or provisions In every
respect In 1862 both these roads passed under the
Erie by contract validated by the New Jersey leg
ls'atOre. The complaint also shows that from the
depot IN Paterson TO the Long DOCK terminus is only
sixteen miles, and II the Erie Railway Company
charge the fun price allowed by law for the trans
portaton OF locomotives and tenders would be six
cents per mile PEI ton for ireghtage and ten cents
additional per ton for passing through the tunnel
making 81 o6 per ton from Paterson to Long Dock,
which would make the freight on an engine and
tender weighing thirty tons just s3l So The com.
Painalts SHOW tpat for ysars lee Els RallNay ggm,