New-York tribune., 1870-09-24

Mr. wortbinrton to ecccpt the god they had bougih
The plantf then asked them whtNher speyers oIa ha
failed and IL they would announce hlnsis n1NhS aed
This they refused to DO but insisted tlst b0rhingson
should accept the gold which they had y0ngnt 20 S0se
the short sale This nc Ecfliscd TO do, ana WS Dh.ei
II Co brought claim against him in the n Y. stock Lx
change for the recovery OF the loss on tDe go, NJ Nc
Board took cOgzance Of tho matter; bnt upon M. NJ
Worhingon's protest against their jursdict0D, anu Hs
siateoent Of the ease. in which le aiiege this tn -
Southern stock belonging 30 him (WOrthingtOn1 sno
applied the proceeds as they slsmed to the DqosuSn
ground that i they pessed upon 1t, Mr. Worthinten
might have 80 pay the claim twice Some time sulr,s
Arbitration Committee of tSe Stock Exchanges
ooinlt claim ,, for sman amGaTt 900 or goo, i
me Board gave the brokers' Judgment against him for
about SO, which he paid. In April last the Bank in Vr
fore the Arbitration aganEt Mr. wOrthingOn
TO recover certain Moneys which they had paeed in bis
CURED or might incur in his Fpecuations about
sept g. 1869, and which money had been taken from him
by Lewis Daniel Co In Selling the 100 shares OF stock
above referred 10. Mr.. worthhgton again protested
against the right Of the Board, to arbitrate' tn
Judgment against him for $40 0O 1.-THE claim ior
$1,000 This Mr. Worthngton re fused TO pay and upon
the Board threatening TO compel s pay nenC lie brought
The summons and COMPLAINT in the suit were served
upan the first Vice President who then acting Presi
dent The Board now claims that he was not the acting
PRESIDENT although he gave plaintiff notice OF lis not be-
ing member Of the Board.
preliminary injunction was first obtained against
sn1 board restraining them from interfering III tee
~
Board until the return some two three days later.
Upon tile return Of the injunction, or order to show
cause. nobody appeared, aud permanent injunction
was issued subsequently, more than twenty days hay-
ing ehp,fd, Judgment taken by default. About e
Il of s month the n. Y. Stock Exchange by its Presi
dent Mr. SEYMOUR argued for the opening Of the judg
lent ana that they be allowed TO defend, upon the
GROUND mat they bad never been served Wi the papers
An order 10 show cause why the judgment should not De
opened was obtained nom Judge Joseph f. DAILY. This
came UP lOr 2rguuent some days aferwaTd before
judge Day. and Mr. sullivan, counsel for the planin
argued tlJ TIE defendants had dsGbeyed the IN JUr-
tion aud were guilty Of contempt Of Court They gere.
consequently, nos in position to ask the favor that the
Judgment DE Opc ned and they be allowed to come in.
Judge Day refused to hear the motion the defend
ants open the default until such time the plaintiffs
counsel should bring before tie Court the question of
contempt.
IN The hearing yesterday before Judge Chas p. DAILY,
plaintiffs counsel moved that defendant be committed
Tor contempt n refusing 10 obey the injunction, and de-
frudaus counsel moved that they be allowed 10 como In
and defend The Board claims that, the summons and
complaint were served the fr5t NcePresider then
Acting President and not the President, the Judgment
should De set aside. - -.
Judge DAILY took the papers and reserved his decision,
unitng however, that the Acting President was, Tor
the purpose Of this action, the regular President
For plaintiff, sullivan Br1cken and william Z. bar
ret. For defendant, james H. Hill and Mr.. buckley