The New York herald., 1870-03-08
HE CoU R rs.
The Albany and Susquehanna Railroad
Litigation-C0st OF Killing Hus-
band-DeclsiOns
SUPREME Couar-sptclAL TsAA
The Albany aad Susauehanua Railroad Lssi"
Before Judge Cardozo.

Before Judge Cardozo.
James Fish, JT., rs. The Albany and Susquehuhita
Railroad ct al-This case came up on motion 10
snow cause why David Groespeck and others, de-
fendants should not be restrained from selling, as
signing, transferring, disposng OF the stock OF the
Albany and Susquenanna Railroad Company, which
they or any OF them received from she company at
any price below 500 per share, and also to show
cause why the company should not be restrained
from permitting any or the shares TO be transferred
upon the books OF the company until the full 500
per share Ia PAID 10 the company, and from decar-
ing the same forfeited and from releasing the
CLAIMS on the said company from further payment
OF such shares. The complaint set forth that the
company had issued 240o shares OF stock 10 David
as aa .na pea
TO pay seventy-nye per cent more. IL was iurtner
alleged that certain parties had subscribed Tor
SO shares OF stock and rs they had only paid ten
per thereon they should be required 10 pay ninety
per cent thereon 70 the company. The case having
been argued by Messrs. Field and Tracey Tor The
paintlr Mr. J. II. Mcfarland read the anidavits OF
J. IA. Ramsey and L. Phelps The affidavit OF the
former set forth that he was President OF the road;
that ne was acquainted with the affairs OF the CON-
pany, and that All the charges OF conspiracy ami
fraudulent combination were false. anq tnat the
grievances stated In the complaint were without
foundation. II further alleges that the acJion has
been brought with intent TO injure the company and
olner OF the defendants. That before the commence
ment OF this action, and before the commencement
OF the suit OF The People OF thls state James FISK
Jr., and his associates had entered into and Tor
long time nlalptaned lbe SAID combination and con-
spracy with the fraudulent intent and design alore
SAID and In carrying on the same the said Fisk and
his c0e0nsplrators time 10 time Instituted suits
without cause obtained and used orders OF inunc-
tion, recevership ana attachment for which they
had no legal right or probable cause, procured the
arrest OF ceponent and his counsel. without right
and FOR the purpose OF hindering him from perform
Ing MS duties and exercising hs rights as president
and stOckh0ldcr Of the said compOny and nave At
tempted by force and by 'strOng hand and mutt
tude OF peOple TO take possession OF the railroad
| ana other property OF said company; and that 10
the best OF depOnent's KNOWLEDGE, information and
belief the present action and the pending motion
therein for injunction are parcel Of the fraudu-
lent means by which the plalntf and his con-
federates are carrying on their conspiracy and the
same prosecuted for the promotion OF the objects
OF said conspiracy. With regard to the issuing or
certificates for 2 400 shares depOnent alleges the
facts to be as f0iows-David GrOesbeck and others
l second mortgage bonds. AT that time the company
owned and held more than 1000 shares OF Its own
capital stock, which had previously been duly sub
scfbed for and at least ten per cent had been duly
paid thereon Upon the making OF said loan, and In
| consideration thereof the company at the same
nme contracted ana agreed with SAID GrOesbeck aud
the other persons III that section named 70 sell them,
al any time within fifteen months thereafter, 2,4OJ
shares OF the companys stock ~ twenty-five dollars
| per share. The loan was made. aud the 400 were
then the absolute property OF the company, and TO
| issue certificates therefor for full paid shares
not subject to call or assessment. Within fifteen
months SAID Groesbeck and others elected TO take the
1900 shares, pursuance OF the contract ana paid
to the company ten per cent GU tue $500 000 being
$780, 000 and also twenty five dollars FOR each share
being $4,000, and the company thereupon placed
the 2,4o0 shares 70 their credit. The deponcnt
Mes that the defendants agreed TO pay the company
the Remaining ninety per cent OF the subscription
whenever the same was required. The affidavit
denies nearly all the allegations contained In the
complaint. Mr. A. J. Nanderpool followed on the
same side, and the case having been Iuy submitted
the court reserved Its decision.