The New York herald., 1870-02-17
SUPREME COURT -CpAMBsss.
The Twelve Temptations In Couft-An]unctiop-
nnd Counter- I junction. Old Game.
Before Judge Barnard.

Tnc Twelve Teupfntions I'm COuft-Anjunctfop-
and Counter In junct tion-The Old Game.
Before Judge Barnard.
T. r. Foster ps John r.. McD0nouyh and W. e.
De ye,na.-Tnis was case lnvOrving the owner
ship OF the spectacular representation entitled The
Twelve Temptations II appeared that some difil-
Guilty having arisen between parties claiming the
profits arising from Its production the plaint,f an
employe OF James Fisk Jr, OBTAINED an order OF IN
junction from the court on Monday last appointing
John Y. Cole the business agent OF The Granu opera
House az receiver OF all personal chattes, and
especially the wardropes. scenic effects and other
properties of the piece 1t was averred that the de-
iendants were lo.nt owners with the plain,li1 The
INJUNCTION enoinlng the defendants fronl interfering
with The property described In any way and requiring
them TO show Cause why the order shonld not be
made permanent. The defendants, however, ON
Tuesday last obtained ana order from Judge Van
Brunt OF the Coamon tleas restraining Foster
rom ai.gn,nn rsn u dsoosnr o. or encambenng tne
wardrobe or propriefors, accessories or scenic
enecs OF me piece, or Ion praying ior OF appiyiag
contracts shall justify. or IRON dlvldnR among
themselves any pait OF the receipts accrulng from
the periormnee; ana further that they should show
cause why the order OF injunction should nor be con-
tinued. McDOnou2h aod De Verna alleged tnaJ they
entered INTO an agreement With Foster, in November
last to produce the piece, De Verna and Nc
Donougn having AS they ayerred, advanced money;
that he interest OF the three pares IN the piece and
ts properties should De severay 0ne-Lhird and tnat
the profits arising from 1t, over ana above the price
be paid for rDe use thereof to the propetofs OF
them: that the nrst profits should be applied to re-
ducIng the advances made by Mcbonough
nnul they were reduced 10 the same amount
as the edvances OF De Nerna and Foster; THAI
they entered into an agreement with Cole,
who made arrangements III eenait OF the Grand
Opera House ior The necessary mechanical appn-
ances and requirements. and to pay To the three
parties one-hail OF the net proceeds OF the repre-
sentatons the piece alter deductng the price OF
the house aud taxes; that since the piece was pro-
duced Foster refused TO render any account ana
that Fisk has declined to recognize the rights OF
McDOnOugh or De N6rna. the Complaint playeu
1hat aa account be taken OF the advances by McDo-
nough and De yerna OF the net proceeds OF the rep
resentatons ana that their rights, together with
those OF Foster be sold under the direction Of the
Court, TOR distribution.
and De Verna was returnabe yesterday before Judge
Barnard. Counsel Tor the defendants asked for
posIponement, Ga the ground that they were not
prepared. After some discussion,
Judge Barnard adjourned The case until Friday on
from Judge Van Brunt and returnaDle before aim
should be postponed till Monday.
The Kansas lailroad Litigati0n-Tko
S6,5O0.O00 I.oan-O Order of injunction.
Sanders " Johnston Us. TIE Kausds Pacific Ran-
road Conapdng.-This was a motion for an inunc.
tion restraining the agents OF the defendants this
city from parting with any money proceeds of the
Sc. 500 600 gold loan now being negotiated. The
melton was also 10 show cause why the loan should
not be prohibited. The complaint set forth that in
September 1861, the plaintn and John p. Usher en-
tered into an agreement with the Leavenworth,
PaWnee ana eSJern tallfOau company TO procure
q treaty between the United States anu the Potta-
tribe OF Indians tor tue sale Of por-
ton of their lands to the rahroad company, and also
TO exert themselves 70 procare. as soon possible
the assent OF The chief OF the Delaware tribe OF In
dams to the treaty aud amendments about 20 be
submitted TO them, and the approval and proclama-
tfon OF the same in consideration OF tire approval
OF the Indians TO cause the capital stock OF the
pany TO be increased to $5,o00,000 and to give to
USner and Johnston $1553,000, ia the proper
ilon OF One-th,rd TO Usher and two thirds 10
Johnson. subsequently Johnston made an agreement
ufth n man ~ fnn 9nnfr m
as regarded hBsef was cancelled aud Ia consider
alton OF services previously rendered by Johnston
the company agreed to execute o contract for
$I20 900 OF the stock of the company and to assign
10 him. on the raticati0n OF the treaty, $4,000 OF
the stock and further AZ the same time assign TO
HIM, alleged, $780, 900 OF SAID stock, or at his op
ton, to convey TO him bv quit ciaim deed average
land oil SAID comuany acquired by said treaty. 10 lieu
of all part of said last named amount OF Stock
the rate OF 1000 acres OF said land or $50, 900 OF
SAID stock, provided he made known 70 the company
hls intention to take land N place oil all or any part
of said 500, 900 oi stock WITHIN thirty days from
date.
Ine Court granted The order, and the further hear
Eng OF the adjourned.