New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-27
Total amount. $3.50, 600

That these persons purchased the stock for s2OO ana
all their expenses for that and other purposes did not ex
coed 100000 That they aerward issued bonds amount
ing s9OOOOO secured by mortgage executed by D0rmon
b. Eaton as trustee; these bonds being distributed
among the associates That the ROAD was Improbable
70 dspose Of it, That Eaton was counsel the Road
under general retainer to protect It's tights R SSd
made contract with the Buffalo and Pitts:
burgh Company which duly executed In the form OF
which, lease was Tor 400 years the Erie Company pay
all running expenses ana future cost OF repairs anu
esH Of fy s;S
which Endorsement was made That the SAID ran.
operating being $4,000 year more than the gross re,
ceipts That the Erie Road has paid interest on ., goo
Pittsburgh Road the Ere Company expended $4,000
repairs. That the plaintiff has been under tue con;
from these frauds repudate thein That painun is
willing ana aud SSFs to co Tsse by the
upon securing release from the contract; that inc
OF the bonds which they received from Chas Mnot as
gift without paying the value. Wherefore plalntln de-
deTersS ap Cancelled that defendants deliver up
said bonds 60 that PLAINTIFF guaranty thereon eSR
Of them be eniSned from parting with any o OF
said bonds without first SshSeng goo s s9o guar
teres thereon from average date OF July l. 1867 that de-
BerdeI VIM b. skdmore, Thos W. Gale, Don AlonzO
Cushman, and Dormsn b. Eaton pay to plaintiff an the
damages sustained by Plaintiff from the transactions
herein set FORTH not exceeding 100000
The above complaint was served late last night.
JUDGE BALLOON MoDIFIEs HIS ORDER.
BINGHAMToN, N. Y, Nov. 28.-Judge Balloon
has this day corrected modified his order IN Ramseys
suit against "rhe Directors and Company Of the Erie
Railway" that 1t only stays the plaintiffs proceedings
not exceeding days. TO enable tho defendants TO make
motion in Madison County other proper county
m tho Sixth District where all the parties be heard,
TO set aside the injunction and orders OF Justice Murray
II gives the directors an opportunity to be heard.
THE SUIT AGAINST JAY GOULD IN OHIO.
AKRON, Ohio, Nov. 28.-The ERIC case was
brought up to-day before Judge Boynton. All the parties
were present excepting Jay Gould, who is sick f. A.
Lane aud the Erie party, J. Gould and w. Archdall
ODoherty as receivers the following abstract
Of the earning OF the Atlantic and Great Western Rail-
way from April to Aug. 81, inclusive From freights
81 1914; from passengers. s3S27s; for mails, hilo
from express t3O.572; miscellaneous, N0.lo2 total,
81 s34774 The road meanwhile, has moved 769i3o tuns
of freight and 93A passengers The debt OF the Allan
tic and Great Railway is as follows Mortgage
bonds $50 sIs accrued interest thereon fO2IS
debentures, 100000 floating debt, s3OOoOoo stock
Court that the road sell for t5OOOooO put on
the market with the utmost care.
motion TO remove the and Erie attorneys The
afdavit was presented from Jared b. Baldwin, New.
Jay Gould was then too sick TO leave his residence on
Fifth-ave To this aNew.York gentleman IN Court re-
p Ga that that same Wednesday evening The next delay
was by the request of the Eric counsel for Just 20 minutes
for adjustment Just forwarded TO EewYOrk The inter
mission was allowed but darkness and nothing
was heard from Gould, 40 an adlournment
was made till evening: In the evening MT
Hutehings for wisner H. Townsend q defendant,
proceeded with the motion for tho removal OF the Re
ceivers, and when the name OF w. Archda o'Doherty
was spoken, W. W. Mcfarland of York, Attorney
the Atlantic and Great Western stated that he was
authorized by Mr. ODohery TO tender his resignation OF
the ReceiveTshp Thus Gould s left alone IN the con-
tested office. Nr. Huchns read an affidavit from Col
Rush c. Hawkins Director, and formerly Attorney Tor
the Atlantic and Great Western, wherein he gave the
particulars of q compact between Gould and McHenry
for getting order Of sale quietly. thus throwing the
Atlantic aud Great Western into their hands The Com
pany then TO be reorgapzed and Gould was 70 take
sixteen twenyeghths Of the stock and McHenry twelve
twenty-elghths There also letter from Frederick
attorney OF the Ere 70 Hawkins proposing that
the Erie the Atlantic and Great western make hn
for appointing receivers that no antagons
tic element might interfere. Another ahdayit from
Hawkins ayerred that the plaintiff John X Penn, on
whose motion the receivers were appointed, was nst
gated take this action by the Company, was In cou
sion with and in the employ OF IT, or OF the officers and
that the object Of his action TO prevent the payment
OF rent the Atlantic and Great Western. James
McHenrys affidavit declared Gould TO be large holder
and Atlantic and Great Western bonds ana secu
rifles according TO his repeated statement ut the
time OF his appointment TO the recevership and SINCE
When the attorneys about TO begin their pleas de-
lay asked, and finally an adjournment was taken
until morning Judge BOynOn stated that he
would delays Negotiations for compromise
are lively and may be completed tonight.