The New York herald., 1869-02-16
NEW YORK CITY.
,XTEu srArGs clscwr csuaT-Ix Euu.l
The Merchants Union Express Company
Litigation.
BEFORE Judge RIatchford.


Litigation.
BEFORE Judge Batchford.
James n. Nc YscAar us. Nnlore n Ross, President
or 0e Merchants Unto,a Express Company dnd
Others.-This case, which was set down for hearing
yesterday morning, was called on.
Judge Comstock applied for postponement ON
the ground or the unavoidable absence OF one
Of the defendants. Theodore NJ. Polneroy, men,
Der Of Congress, till some convenient day aftcr
the expiration Of the present session OF Con-
grcss on the 4th or March next. In making
the motion he desired to show to the Court
that there was no occasion whatever for the In
decorous haste taken In these proceedings He mad
an1davits before him which would show the Court
the propriety OF . postponement; that the same
plaintiff (Mcvickarl has q suit pending against his
client ia the State court Of precisely the same
character as the case now here presents--a SUIT
brought by him on behalf OF the shareholders OF
the company for the Identical relief claimed
here. That suit has NOT been discontinued,
below and il only suspended temporarily on mo-
ton TO consolidate with that suit another brought
~ Mr. Batchford in the supreme Court; also on be-
half Of himself and all the shareholders. SO that
your Honor win see that there are two litlgati0ns
pending In the State courts besides this suit brought
asked for. on the ground thaboIh Htgations are Of
the same identical charater as this brought here
But have also anidavits here, your Honor which
case are perfectly safe beyond all contin-
gency whatever In their present position
ss S:en me ts splsss
Union Express Company, the latter company having
capital OF between i've and SIX millions Of actual
property and cash. and doing business which is
steadily advancing and improving. m reference to
the residium Of the the property OF the Merchants
cies Of ccnsolidston. it ls in The hands OF q re-
CeIver, Mr. william +. Allen, and no one viii ques-
tion but the funds and property In his hands ore
application for postpcnenent, again say that there
s no occasion for the indecent haste which marks
Mr. Burrill opposed the motion and expressed his
regret that he was compelled to reflect on the con-
duct Of gentlemen occupying the position that two
10 the Merchants' Union Express Company. The bill
OF complaint In this case was nled sometime during
was made returnabe at the earliest moment consist
ent with the service OF the process. An early day
was selected for hearing and II was understood
that the principal parties In the case were here. We
made every effort to serve the papers In this case on
the parties. Mr.. Ross, one Of the defendants was
formerly President OF the Merchants Union Express
Company, and rs we claim Is still President and
Wee President OF the American Union Express Com
pany or the consolidated company. Mr.. Beardsley,
another OF the defendants, was treasurer OF The
American Union Express Company, and Is treasurer
VI the consolidated company. We served the papers
on the Receiver. Mr. Allen, and we notified all the
out and invited them to come and be served
with them. They did not come forward and we
Beardsey; but these gentlemen concealed themselves
and purposely absenied themselves from their places
OF business, and kept from visiting their offices, and
in fact, now lie concealed beyond tho Jurisdiction OF
tins court. Those parties We're here on "Wednesday
last, when your Honor adjourned the proceedings
I'LL to-day; but they Immediately disappeared With
dn1culty we ascerianed that they were staying at
hotel IN this city, but concealed therein. We en-
pOyed detectives to ferret out their whereabouts,
and we used all the strategy appertaining
tn the duties OF these detectives TO serve these alb
sconding gentlemen with the process issued from this
court by your Honor. They succeeded IN evading
the service, and we subsequently ascertained that
they had got on to Philadelphia and that they are
now staying at the Continental Hotel In that city,
keeping themselves beyond the jurisdiction OF your
onors court for the purpose OF evading the service
OF the process OF this court.
The Court having listened to lengthy argument Of
counsel for and against postpOneRent, ordered the
further hearing Of the case TO stand over 10 the nth
OF March next