The New York herald., 1869-08-26
sUpRE me COURT.
SUPREME COURT.
The Albany and susquehanna Railroad War
How Iniunctions are Procured.

l
| Before Ex-Governor Lowe, OF Maryland.
Railroad Coynpdnn Azro Chase cs the Sanae.-
The following is the most important portion Of the
| testimony taken before Mr.. e. L. Lowe, referee
appointed In these cases, on the contempt proceed
ings. The testimony previously given by Mr.. Ram
| sey in open court and which has been already pub
lished in the HERALD, being admitted, the examina
| tOn by Mr.. field resulted as follows:-
| MIR. Ramsey continued-l cannot tell the amount
OF stock outstanding; is something over 0oO
shares OF full paid stock and some partly paid; the
| amount OF partly paid stock u between 1900 aud
10000 shares the unpaid stock Is held by several
| persons.
Q. Give the namesi A. Mr.. John westervelt, Mr..
John Cooley, Mr. Z. r. Ford and Jared GOODYEAR; ali
these parties own full paid and partly paid stock;
there are some others, but do not think Of their
names now; hold about GOO shares and have held
about ], eco shares since July lasts subscriptions
capital stock OF the company was s4,ooo0oo. and 1t
was not all filed up.
g When were these subscriptions nader A. 1
Q. Have any subscriptions been made since July,
A. No, believe not; Nj. Phelps had the subscrp.
tOn book; SUPPOSE subscriptions could be received
from time TO time until the lu capita is made up;
even now. if not filed up, the four millions has not
/ think, been all subscribed; ! don't think / have
seen the subscrlption BOOK since 1t was made np in
jury, the middle OF July, at the office Ia Alpang ;
can't tell exactly the amount OF stock then SUBJ
Q. Was the amount then over three millions, A.
No; 1t was In the neighborhood OF three millions,
z. How much was paid on the parity paid stock
A. Ten per cent? have received subscriptions from
persons who paid ten per cent but tnere have been
some 5000 OF the shares forfeted q portion OF the
forfeited shares was Issued to Mr. Groesbeck: the
rest has not been used except In arrangement with
Mr. Cnase; 1t belongs to the company; the forfeited
stock is not voed on; there 90 0O0 shares OF iul
PAD stock, and 1900 or 10000 shares OF partly paid
stock
Q. Is there not 1900 shares of s,ocy subscribed
Tor and unpalde A. do not think there is that
amount on Wnich ten per cent only has been paid;
1 he'd huf
whether ten per cent ha. been paid cannot say;
made SUBSCRIPTION for Mr.. Groesbeek along about
the same time thai this other stock WAS subscribed
Q. Whea did you make your last subscriptionP
A. In July last; subscribed, thinK, about 1000 or
Q. Did YOU subscribe enough TO make up the
s4,0o0.O0o2 Mo- there were 5000 shares subscribed
for Mr.. Groesbeck, but don't know anything about
ten per cent being paid; lsnoscrbed for the 5000
shares Tor Groesbeck; subscribed for 1000 or 1900
Q. Were you the last person who subscribedf A.
l don't think was; We all subscribed about the
same timeaWestover, Goodyear, the others named
and Il. II. Pruyn, that have not mentioned; they
subscribed, think, 1000 shares.
9. Did you not not at that time M subscribe enough to
was expected that the half million oi Mr. Groesbeck
would pretty nearly I'LL IL up; that and what sub
scrloed would make 1t up within 1000 shares,
these 1000 shares since.
Q. Groesbeck has never PAID any money on the 5000
sharesS A. Not to my knowledge; nave paid ten per
cent on my shares and taken receipt for it; these
subscriptions were taken the regular book; can.
not el whether that book was among those taken TO
+ Q. Was there any agreement or understanding that
the balance to make up the $1,000 900 should be sub
time; not between these parties.
Q; Has there been SINGER A. No, sir; Mr.. Groes.
TO have anything TO do with 1t If it could be con-
troled by other parties; II ne advanced his money
scrbed for him and and afterwards told him about
1t, but ne dld not pay the ten per cent.
don's think there has been any understanding
n n psul.o floy,or
thought, though did not propose it to them, Dab
ney, Morgan co. would have taken those shares,
we knew and that could be relied on.
Q. Have not 600 shares Of the stock been put In
their nanef A. No, sir; they claimed 1t, but never
q. How much stock was subscribed in Julys A.
Between 5000 and 10000 shares; don't know where
the subscription book Isl my advice has been to have
all the books produced, and | have no doubt they
will be; have memoranda Of the stock OF the
company at home--that is, Of the stock list Of
last year that ] nave altered from time
to time for my own information, as I have
The Fenian Fund--Another Injunction.
James ". Fitzgerald Us. John O'Aa1lOney, Thomas
j. Barr and Hugh Skai0a.-Plaintiff Is resident OF
Cincinnati and asks for the appointment OF a re-
ceiver.
eaes that in the years 1863 1884 and 1885 large num-
bers Of rlshmen and their descendants residents in
the United States conceived plan OF raising funds
by common contributions. TO be distributed for the
relief Of the people Of Ireland. That iu execution OF
raised during said years, and that OMahoney was
appointed trustee aud agent for Its distribution for
has failed in his trust and has diverted and dssIpated
the fund In schemes and enterprises beyond the
scope o. ms trust and refuses to account for the
same 10 paint1r. That about the ith OF October.
1865 and at various other times plaintiff contributed
sums to the fund amounting In the aggregate to
fund entrusted to Elm with Belmont 'ts Co. u That hat
subsequently the fund deposited was by order of
the Court delivered to Barr and Smith who now hold
IL. J N naf aai md
nom Barr and smith, and threatens to appropriately IL
10 purposes In violation OF his said trust That II he
does so plaintiff Will sufrer irreparable detrment,
as OMahoney is financially irresponsible and unable
TO make restitution OF the misapproprated funds;
tQ pay over the funds to 0'Mahoney. Plaintiff asks
lof tue appointment OF receiver Of the fund ana
tnat Barr and smith be restrained. pending tue pre-
SEM action from paying over the fund or any part
tnefeoi TO oMahoney; that 0'Mahoney be restrained
during the pendency OF said action, from recelv ing
or dsposng OF sad fund, OF any portion thereof; |
that he be directed 10 account for the manner OF
expenditure and appropriation OF said trust and all
a money ~, received ,S under and IN pursuance thereof
ooncd ana az an end, and tnat Smith, Barr and
oMahoney be sdjudged to pay over TO plaintlif |
such others OF tic contributors rs may appear and
unlte IN the present action or who mag otherwise |
establish thoir title TO relief.
Pendin9 the result OF the action tha preliminary
injunction In so FAR as it may restrain Barr Smith
ana oManohey, or either OF them, from making |
any lurther disposition Of the funds has been |
granted.
Alleged Illegal Seizure of Furniture.
Frances Lo1censte,n IS. CHARLES H. Psirnesier.-It
seems that the plaintiff kept a house Of nlrepnte as
No. l53 Greene street. sue alleges that she owned
he furniture in the house and al so had lease OF
he house the furniture and lc0sc being worth to |
her $4,000; that she owed $500 on bill OF 81 600 for
'uniture which she had purchased from nrrll. |
.uie dealer; that the latter wanted his nopeg !
Mnlch money was advanced 10 plaintiff by delen. |
dant on four months time; that DEFENDANT without |
service or any legal process, took possession OF the
mouse ana furniture, selling the latter for So 600 and
refusing 10 give plaintiff any OF the proceeds
Ihe defendant was arrested ana incarcerated !
Under the Sulwen act, He denies The |
allegations OF the pinintiH and saws that sne
gave him chattcl mortgage, which he reg
nisily toreclosed on the other hand she says that
Keepers OF houses Of flame IN the manner i'm which
she alleges she has been vctInized trusting to the
presumed ignorance OF the law OF their victims 10
~ escapc W WIN ~ iinpuniy. The examination OF wit