The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-05


TENDER 1852 until the further order OF inns coI, n
ana IN case of disobedience to this order you WIZ DC
liable to the punishment therefor Sc erR ~ a"
To the above DEF sNpANTs.
NEW YORK, Oct. 2, 1862
NEW YORK SUPREME CouRr.-Cav ana coamt ig,
a. Hetser, h'n rs. Geer5e n Bld Eq'eaa r .y y,
WiJard SarQnsr Wizard, Henri H s". q as 10y
ana Totcnsend Cox individually and as President
or The Ne,o York Gold Exchanges; Imon ,a Ns az
Akers tadtcidaalg ana as SeSeta,y 81 w
ana Treasurer or the Nelo York GOA EIcna"0e'
Summons ror Relief ,
and required TO answer the comp Rint IN this acson
OF which copy Is herewith served upon you, anu
on the subscriber at hs once, No. 90 Wall street. in
the city of New York, within twenty days aIer Inc
and ee Sa s 70 answer " the within
tue time aforesaid plaintiffs IN this action VIM
apply 10 the Court for the relief demanded In the
FOSTER THOMSON, Plaintins' Attorneys.
OCTOBER, 1869.
SUPREME CouRr.-cfty ana County Of Nesc York.-
George III. Bend, Edleard X. Wizard, gardner We
lara, Henry NJ Smith, Henry ~ Martin, Jdg Gouta,
James B. Bach ana To,cnsend Cog individually ana
as President or TIE Ne,o York Cold Exchange,
Thomas r. Ahers individually ana as secTetDyW
sad 1rcnage gad george Papps r dSadg a "
the above plantifs respectfully sheyeth that they
are copartners, doing business IN me city 81 New
Heisers Sons; that all Of the defendants. are
engaged in the same business and together With the
plans, are all either members or partners OF mem,
bers Of C voluntary association, composed q more
than seven persons, who are possessed OF grea.
interest IN the property Of such association, which is
organized for the purpose Of transactng business IA
god; that by virtue OF this membership IN sucn
association the said plaintiffs have acquired an inter
est in its property and the right TO carry on tuelr
dealings at It's rooms, which is oil great pecuniaIy
value: that the defendant Townsend Cox is the
president, and the defendant Akers the secretary
and the defendant Phpps treasurer, ana said per.
well as members, of said association; and that
other members are very numerous, ana mat II
Is impraoticabie 10 bring them all before tue COURT
thdt should any member neglect fulfil his con
tract tile day II becomes due, alter having been
employ one Of the otceTs OF the Board to purchase
or sell the gold, Is the case may be- accounting with
the member IN default for any surplus or chafaing
TENDER last these plaintns SOLD az SAID Colo Hoard
$4,000 American gold 70 the hrm OF Qoinan z
Enos, who were members OF said association at 100
per cent and purchased of the defendant George Il.
Bend, the safno amount at $40 per cent that SAID
n 81 9sqan said inSa lie m q sa
Could Martin Co.. that said firm is composed OF the
defendants Henry N; Smith, Henry Il Martin gay
they were the principals therein. And said plalntiils
further show that the said defendant Bend was not
herenbeore sci forth, but that through the defend
ant Edward X. Willard and Gardner Willard, COM
posing the rn Of E. 4 Wiara Co. ne ao, e ,b 1of
they were the real and actual principals
In said purchase, that at the time OF making
said sale and purchase 1t was understood
that the respective TRANSACTIONS would have
been settled through the medium or common
clearing house, known as the New YORK Gold TX
change Bank; that SAID institution has suspended,
ana that IN consequence OF such suspension ana
the alleged INJURIOUS ana inequitapie eneeL on the
with each other, and with their principals Of per-
uniting deliveries Of gold to be Made except through
the meilum OF said Clearing house, the defendants
herein above named composing the firm oil Smith,
Gould Martin 4 Co., have instituted an action in
the court against number OF persons, among
waom are included the defendants, Edward K. VIE
! lard, Gardner Willard and George II. Bend, and
agents Of said firm; and 10 said action an injunction
| order has been obtained restraining said Wizards
and Bend from receiving any gold or carrying
| out any contracts made by them u behalf OF the
| has become now practically Impossible. That
although these plaintiffs have been always and are
| ~ them as aforesaid 70 said firm Of smith, Gould,
| Martin L CO.. through he sad nrm q Qaerean
decline ana refuse TO receive ana pay ior the
| Injunction and action above referred to these
| paintins are prevented from compelling pay
| ment therefor or awaiting themselves or the
remedies provided by me rules OF the New
show that they, acting In good faith, have received
and paid for one.half OF the gold purchased oy them
S; %a f me
Bach they are prevented from making the deliveries
OF the gold sold to them through their agents tie
smith, Could, Martin & Bach, BEND, Edward K and
Gardiner Willard g COM and conieaerating
caused the said defendant, Bend, to give
out and threaten, ana he, acting at their
and ,oa has given out
due on SAID purchase is not complied WITH he viii,
through the fefendaats Cox, Akers 4 Phipps, who
tie balance On said purchase sold on Planting
as n hs case o. asisa gpasg above
liable TO loss OF credit and right OF membership In
said association and suffer other and great rrepnra-
bic injury and damage. Apd the above piainhiis
actions aboye set forth thefe WIN be large balance
due these plaintiffs. Tie pIaintins therefore ask as
the amount actually due and owing from these pam.
Tits 10 the said defendants Smith, Gotld Martin &
Co.. ny reason OF The respective transactions had and
made bV these plaintiffs with the several agents Of
said firm hereinabove set forth; and said plaintiffs
hereby offering to pay such sum may be found due
N ne sama e ans ss
by the Judgment Of This court to be paid to them by
second-rhat until The further order Of this Court
the said defendants aud each or them and each and
every oflcer and member OF the New YORK Cold
selling any gold under the rule OF said
association on account of these palntiIis
receive any part OF the OF $3.50 oO0 gold alleged
to have been sold TO them by the defendant GeUrxe
H. beLQt Oh tHc @9lu september, 1862. Tlrd-AuQ
that said plaintiff may have such other and FUR
Their relief in the premises as may be proper and
agreeable to equity ana good conscience.
FOSTER 4 THOMSON, Plaintiffs Attorneys.
Citg ana county Of Ne,c FORK, ss.-Belng duly
swoln deposes and says that he IL the PLAIN.
tim IN this action; that the foregoing complaint a
true Of his own knowledge, except tine matters
therein stated on information and belief, and az to
those matters ne beieyes 1t 70 be true.
T. y. HEISER.
Sworn to before me this "a day OF October lee9--
CHARLES NJ. WILEY Notary Public New York.
Ctg ana county ~ Netc Toyk, ss.-Frederlcg y
Heiser being duly sworn deposes and says that be s
one Of tne plaintiffs IN this action; he has read
the complaint and that the is true or his own
knowledge +. :. HFISER.
sworn TO before me this % day OF October, lsao-
CHARLES NJ. WILEY, Notary Public, New YORK.
TIE UNION BANK TJpNCTioN,
Issued last week. az the instance OF the Erie Rail-
road Company, was discontinued yesterday BIZ
Judge Clerke. The particulars OF this case have