The New York herald., 1869-02-28
suPsrms rtulr-cHANa;as
The Atlantic and Great Western and Erl
Suit-The Injunction In tho Case.

Before Judge Cardozo.
Penn Trustee, 6c. Us. The Atlantic ana Grea
Western Rai,,oay Company and 0thes's.-This suit
the complaint in which has been already published
came up on Saturday on motion TO continue the
Injunction After some discussion between counse
the Court concluded to consider the case as com
menced, but to adjourn the further hearing OF the
motion to the 10th OF March, the defendants to be al
liberty to serve papers up to Wednesday next. The
injunction In the case is as foll0ws:--
John r. Penn, plaintiff. The Atlantic and
Great Western Railway Company, Henry q. Steb-
Weston. I. w. Kennard Z. L. Cutting John ID.
Prince. +. McDermott Mortimer L. Mackenzie, J. r.
Hawkins, W. Aichd ii O'Doherty. Tatlow Jackson.
liam Russell. John Fildes K. L. s. Riisdale, j.
Chayor Paul Margetson, +. W. Oewel, the Erie Rail-
way Company and lanes MciIenry:-It appearing
satisfactorily to me BY the complaint verified by the
plalntiT that sufficient grounds for an injunc
ton exist, and the. plaintiff having given the
! undertaking required by law, do hereby order
and enion-First, that the defendants. the Erie
refrain irom pay ng or delivering or causing orner.
mitting 10 be pad or delivered TO any OF the other
defendants. any money, evidences OF debt secu-
rifles, or property OF any name kind on account
OF rent due, or to become due from tine said Elie
! Railway Company to the said Atlantic and Great
debt or obligation which the SAID Erie Railway Com
pany may now or hereafter owe to the said Atlantic
ana Great western Railway Company, and from
making such payment or delivery to any cor
poiatlon or person whatever. except under The
order Of THIS court 70 be made in this action. Sec
ond, that the defendants, the Atlantic and Great
Weste Railway Company, Its officers, directors,
attorneys, agents and servants and Henry q. eteb-
BINS, Edwards Perrepont, Andrew II. Green, Z.
Weston, 7. w. Kennard K. L. Cutting. John j.
Prince, z. McDermost, Mortimer L. Mackenzie J. p.
Fennes, John Gardner Wentworth Huyshe, Rush q.
Hawkins. ". Archdall O'Doherty. Taflow Jackson,
William Russell, John Fildes, Il. L. s. Ridsdale. ].
Cna, tor. Paul Margetson anG r. W. Oewel and their
and each OF their attorneys, agents and ssr.
wants. refrain from asking, demanding, col
lecting or receiving from the E.ie railway
! nr slnu
oner corporation or person or persons any money,
evidences Of debt property or things OF any name or
ktnd as rent OF the said Atlantic and Great Western
hallway and its branches ana leased lines due or TO
become due under or by virtue of the lease Of the
Erie Railway Company, dated the 7th day Of Decem-
bcr 1Sjs. or under any lease agreement contract or
instrument OF any name or kind made by to or with
said Atlantic ana Great Western Railway Company;
and also from asking, demanding, collecting or re-
ceiving any tolls, revenues moneys, emoiu-
ments, property or things OF any. name Or
KIND, Tor, in the name OF or on account OF said
Atlantic and Great western Railway Company, and
also from taking attempting to take possession OF
any real or personal properly money or effects be-
longing to or held LII trust for said Atlantic and
Great Western Railway Company, and also from IN
terfering in any way OF the said properly. Third
And that the said Atlantic and Great Wes'ern RAIL
Wy COMPANY, It's officers directors, attorneys
wards PierrepOnt, Andrew II. Green, +. Westoa /.
". Kennard <. I. Cutting, John D.. Prince 4.
Fennes, John Gardner, Wentworth Huyshe,
Rush Q. Hawkins, w. Archdall ODoherty, Tatlow
JACKSON William kuSScl JOnn Rides, II. IL. ,. KldS-
dale, }. Chaytor, Paul Margetson and F. W. oewel
and their anu each OF their attorneys, agents and
servants refrain from claiming any forfeiture OF the
lease made by the said Atlantic and Great Western
Railway Company dated December :, 1868, by
reason of the non pay ment to the said Atlantic and
Great Western Railway Company OF the rent due
or TO become due under the said lease, while
such payment is restrained by tins court aud
nf rho nronertv cavaraL hr tho sa,d ioases
under claim OF sucn forfeiture; and also
from commencing, maintaining or prosecuting any
n n nIllGGA law n
aside the said lease or any other agree4ne con-
tract or instrument. executed between the Atlantic
and Great western Ra tway Company and the Erie
Railway Company, or OF obtaining possession OF the
property he'd by The said Erie Railway Company
under or b. virtue Of any such lease. contract,
agreement or instrument Oh account OF the non.per-
forrnance ~ the said Erie Railway Company OF any
act from the Performance OF which the said Erie
Railway Company Is restrained by injunction. And
le the defendants show cause before me- at special
term 20 be held at the Court House in the city Of
Aew York, on the 2Ith OF February, 1859, at ten
clock A. NJ why this injunction should not be
'nued until the nal de'ermnat9n of ;hs action
Justice New York Supreme Court.
NEW York Feb. 25 1869.
Messrs Miller, Peet and opdyke for plaintiff Mr..
| Shearman Tor defendant Erie Railway Company;
| Ar. Waldo Hutchings for Other defendants.
/ The Litigation of the Express Companies.
Before Judge Cardozo.
| Charles b. Harris rs. Waiidm q. Fargo Psesidynt,
&C. e, dt.-This was an application for an order
modifying temporary injunction IN this case as
| 10 permit the defendants the american Merchants
Union Express Company to convey certain real
estate in the city OF Albany and to allow per-
sons who desire and oer TO exchange other stock
anu property for the stock Of the defendants Judge
CardoZo decides as follows:-
"As the principal motion will soon be heard do
not wish TO examine or pass upon the question OF
the modification Of the injunction except 30 far as re-
ates TO the sale Of the real estate As suggestion
was made against the nesrablencss Of the sale,
| think that may be completed upon condition tnat
the proceeds be deposited with the City Chamber
/
this disposition OF the proceeds because do not in
tend upon all Informal matter without hearing the
whole and fun argument TO seem 10 commit
myself 70 the order thai a receiver should be ap-
pointed IN the cause, ana at the same time some
course TO luiy protect the pialaliG must be aken'
Decisions Rendered
BY Judge cardczo
I'co'estoai Episcopal societg Gc, rs. Ftanoe'~.-
order settled
Hqrriso1. de-. rs. Harrison Fl al-Judgmcnt or
dered.
James n. Harrison, &C.. rs. Henry Harrison de-
Granted.
N =. the Petition or Michael collins, &C.
Granted.
Blangtsier rs. BomgaGe.-sec memoranda
In F11cl.eue IS. La FtacheLe-Proof of service
wanted.
WaudDls Is. wehnmam.-A reference may be
E'taabeth A. Taie rs B1JGmfn p. Yoie.-Judg-
OF divorce granted.
Elizabeth ~. Henping rs George N. Hemmsno-
judgment Of divorce granted to Elizabeth II. Hem
ming, anu the custody OF the children awarded to
ler.
SUPERIOR couaT-TaAl TEam-pARr n
ss-irurk Oil.0
| Before Justice Jones'
Frank 4. Dil,corth rs Jabez A. Bos,,rfck--Pian.
TN brought his action recover 81 $40 difference ON
acontractfo for petroleum. Defendant admitted plain.
us claim, out set up another but similar. cause OF
action against the plaintiff who denied making the
contract, but averred he proposed contract to de-
fendants broker, which. n IL had been comnletaa
would have made the defendant his debtor On tn,s