, 1870-12-16

DeDInl Of n MetiOn for a DiBcovar1
OF the Ello Compnm9,s Kookas

tclloea. 0a cnAuce&3 p1Acoco III uot tte0
followed.
Nj. Ttemtin argued that it hid been hsld
thtt they could procsed BY aaidavit In eucA
cares, and inquired Nh1t more wAs necessary
than that ME. Ramsay had read the contents
md knew the sAme 70 be true. Judge 1ngrk-
which WIS done. He afte1vazd taid thtt he
thought the first veEiticzfiou WAS sufficient.
Mr. Field then obiected to the reading OF
Mr.. RamEay's affidavit. a. it had not been
ee.ved on HIN. Judge 1ug.aham Was Of opIn-
ion that the motion wAa simply adjourned
from the other day, and that no new notice OF
Nj. Peckbam said that Mr.. Rsmsay's all
da>it was ! petition, with an order to show
cause Why the defondsuts should not produce
certain books Of the company md allow copics
OF them to be nads. The compliant In tho
Ramsay was the owner Of certain bonaa,
ard alleges against u2uy OF the Directors
various scts Of gross u1affeasAnce In office,
AID also that tho general Issues Of stock made
bY them wore unauthorized, and that the re-
ceip's from them had not been properly, &C
squlndered by them. There are Also 1llegA-
tons that the defendants had not only 4pprp-
printed tho money, but had spent It In In
hurpcinE legislation In this State and New
jersey, ind in buying railroads and opera
houree. The petition alleges tho commence
mert ut the action in Novembar 1863. and that
from that time up to this month the plaintiff
had bean restrained from taking any steps In
the actiop, and once, having oVeteteppad tho
requirements Of the injunction, be had been
fined e, coo. This WIS tho reason that tho mo-
ton had not been made previously.
rot possible by .ny othe1 testimony, and that
he canIot prove, without production Of the
books, the Ilegations OF his complaint; that
In the spring of 1868 money VIA used TO indn-
enee leeislation IN New Jersey that 81, 900 900
we're paid 10 Commodore Vanderbilt; thzt no
fust and accurate minutes OF tho Executive
Comnitteo's proceedings have been Kept;
that Gould. AS Treasurer, received 5000, 900
from DaLiel Drew, when he retired from that
Office, which sAs not been accounted for; that
mnde In 1868; and that the defendauts have
received come s1s 0o0. 900 from tho earnings
Of the COMPANY which have been squ4nderod-
Dudley Field, IN teplY, road IN affidavit
made By jay Gould, to the effect that none of
there matters appear IN the books they seek
to discover. except such Is are admitted in the
answer: that he has been advised by his
counsel that oral evidence would ba much bet-
ter than tbs evidence TO be obtained fFnm the
| books tlat AIr. Namsay has no sock stand
ing on the books Of the company; that no div
| loend is due for 1868 Or 1869, and that none
was eazned, and that Mr.. nansay hss attend-
| ed no meeting OF the stockholders, although
general meetings htse been held.
| Mr. Field next 1etd the affidavit OF 5fr. Ram
| say, made before Z referee, in which he ntsted
| that his c1aim against the comptnJ wA. for
6i,iserGs, the amount Of which he could NO.
state, and also for back interest; aud that he
had no knowledge Of the actions Of ths other
.n6 Gnuld, and that he believed their sets
w.Te illegal. He etates that he WEE toude-ed
$4,000 10 eatiefy his claims against the COM
! papy, and that II Vas refused. and that he
vas also offered elo7, the full amount Of
hi- dues. which he slso refused. The
read. Stating that 10 bought the stock held by
3H. Kamsny, and charged 1t to him on the
looks Of his f.m; that it had not bean paid
for bv Mr. Ramsay; that he had loaned Ram
EAT $50, 900 to 1se As he eAw at. and thtt ha
thought he had used 1t in this suit.
| that had been read, and eaid they had COM
| pletely yindieated tho standing OF Mr. Ramsay
in court. and ehowed the right and prupEiet5
Of br:ugi; 8 the actlon- A to tho bad fAth
chaI,,eSt against him, there was the opinion
given by Justice Parker denying the reliei
askct1 fer NJ the defendants and tefuAtng te
citm,e: the complaint.
Judge IngfahAm said that he did not think
that TIT pApera read were sufficient, and tha
thoS must state In them the facts they wished
to discover, md that they hAvo not the maanl
Of cbtaining them eieexhese M. pecknsu
|
we're entitled to describe the facts they sougt
to discover In the most general wsy. W
claim, eaid he, th1t they have illegally e1usn
ae1ed and mlszppl;ed these bonds. aud tha
tley shou1. account for them, ard also tha
we have mt access to thc books, ~stch Is MOI
denied, and that We DO not know tho nartien
lsr books in which the entries NO seek to dis
] cover arc msde and that Ia not denied.
Judge Ipgr1han. Tne objection to the dii
coEeEy which you ak is tue decis:cn mtde b
our Geceral Term. They reversed an orde
: nade by me in uauch stronger case, IN who
:, the surviving partner Of a asm clsimed ths
lie Ind been dtfrauded In the partnership
leld THAT, Il The books hid been the propett
, Il the firm. be had right to tbs discover.
Int the General Term held that they were tt
, | property OF the other defendants I Il
hound ty tha decisions OF the General Tern
whatever may be my vieHs OF the propriety {
:. the Gaze.
. Mr.. peckhsn slid 1t wa. apparent that Il
! diecoyery Of the entries In tho books v,
tees sssrv. but it WIS Impossible for them
sr. city what particular entries would be
q taiueo by anyouc.
Judge Ingnhim. The adoption Of the III
. Your remarks suggest wonld open tho gate
: allowing people to examine books in I caa
;. whether they were directly connected with
Of not The motion I shall have to deny. b
4 with leave to renew, on attidavitt eho1h
y wlat entries you wish to discover.
For the motion. Mr.. Tremsin. Mr. Ttac
= . rnd Mr.. Prckham opposed, David Dndi
= Field. T. G. Sherman, and Dudley Field-
& Trcoxurs rovc.-An Unexpected Fo