New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-08
THE COURTS.
THE SUSQUEHANNA WAR.
SUPREME COURT-CuAMBERs.

from selling assigning transferring, disposing or voting
upon or otherwise using any OF the shares OF the stock
OF the Company, which the defendants have received
from the Company at any price below 800 per snare
whether said share had been forfeited or not and WHY
the defendants should he restrained by Injunction
from permitting any OF those shares TO be transferred
upon the Of the Company until the fun sum OF 500
per paid to the Company and from releasing the
claims OF the Company sfOr further payment on said
shares and also why such other or further order should
not be made herein as may be Just IL VIII be remem
the complaint OF Mr. Fisk read and an adjourn
injunction restraining them from performing the acts
mentioned above beng served upon the defendants.
The Ia the complainant is an affidavit by Mr..
Joseph H. Ramsey. who deposes:
Tbs, he Is The President Of the AhaOr and sgqaehusa Raload
said COMPANY for several e past: TIA, al the charge, n tn con-
sTv Of them or spy otr person or persons are totally false all
the pretended grievances stated the complaint as grounds Tor an 10
tno~edg normsn and belief this action has been brought and
design and others Of
Ss IA .1 q impair : ., and o p s
lawful aud that the plaintiff Jsue, Fisk IT, nov AID for
complaint named and cibss their ccsiae,
s % eompsn, a'S and to h, S and s s the
and .' 81. COMPANY soa 70 property to s dominion
That before the o. this acoD and before Oh. com
s" . aini,ipss III, ,S cop,pI,ey With The adn
len" intent and Ssn Aforesaid and IN carving on Fisk and bis con-
soIors from tune 70 time have Instituted suits without eaue obtained
tsJ bad no egs 1ss Of PSa5. cause procured the arrest
Of hnderng deponen from performing his duties and exercising hi.
right. President aud .6odsr Of the CO@pny and have attempted
10. 81 ss a'.d aud other properly Of sara and aa 70 Tue
ad the pending therein m injunction parcel the riudu
ea means BY ~eh the paaa aud bis cGdet'les are gu
men ana e same are prosecuted ior The promotion oil Ae
That brought by tb, people Fisk land several hi.
coafrierltes including Jonathan r. H. defendant this action
were deendant and tbs depoent the COMPANY and several Directors
and bis onfea that action by allegation the trial made state
nsel and attempted 70 establish The same
substantially the the allegations and pretended grievances stated
"pT t ,Se and @ and a % 'i Io and rendered and
entered judgment accordingly by the Judgment roll that action to
wheh deoue refers will more iay and large appear a9d that IN
Sered ap opinion o which eoW hereto annexed marked Sehe-
That til. action Of the People dponut and bis associates and the
COMPANY alleged b. answer sud maintained on the trial hs f and
stockholders officers aud shareholders substantially stated in this
AFFIDAVIT and that the Court that action passed the aud de-
cie and dudged FISK and his coueraIes be guilty thereof and
drae. n. allegation in The 5t section Of the complaint
that shares Of the capital stock only to be issued BY said company
complaint true aud he denies tina. the action mentioned in the sixth
Tn 81 e s h. s nIasnt o M. pa'po's 3 a t s'
section Wa part Of the da Judgment IL that action and states that
by appointment Of The Common Council Of the City Of Albany at the
pleasure o. the said Common Council and not for particular period
, ur or e,ni b ,'S ~ m % m seton of The
section alleged aud 10 respect Of the said 200 shares aud the matter,
alleged he the facts to have ben fos David Groesbeek
1pon de Compay second mortgage bonds, At b,. time tue Conpany
Owned AID held more than 700 shares Of is own capital stock
per had been duly pad thereon aud had eeu du forfeited for the
behalf for the ea and on many said shares
3 Of 10 per cent each a. been oss 1d PAID before toe
in thereof the ComPuy the same tine contracted ind
to sell then. at time within Is months thereafter.
Said pr ra. more ,n a mar, yaac OHM pi1 ,S,re, II.
date Of the Contract There acre said contract other provisions al
persons should the option stock
o,s cc%pss bonds m. sal. loan 81 tsooe vas So mad. At
time when none, required aGa greatly needed 70 enable The Con-
its 10
thereby ~ extended chain OF other rwa sld greatly
otherwise .eeur ntere,. Of the COMPANY
1n 9 a t s.g. s % ' ., @ we're r hn @ .
property Of the Company. which hsd the hl power aud
~ Boai Of Directors deemed g.
therefor paid aer
limited said GoesJsc aud said other
elected to 'ae the said sse; IN puruanceoi said eo1iEc
boud, being So for each share Of said ot being
to .Ssi credit and issued to them tsrtsetc, therefor
dponeu unable to state what proportions or bs eiie9 said
shares fall paid stock snd not subject any calls or asses
notice 10 the tenth section coSausd.
DePoaeo dsae: the .ss.Ca IN the eeyenG section Of ,ss com
ep,on therein mentioned contracted Ed sgreed to and With said
The same was needed sad required By Company
ia the rgu,T ,b,cron book then and tberetofore used by
III, Contrary aud the usual and form Of subscription for aes
ntaen ud from time time ish,y should be required By
we're par, Of The Intended plan or or was made u5drr
the pretended alleged
he denies that the remaining pc, cent Of said Or any part
Deponeu further t, matter thing alleged tLe twelfth
1909 rrot, III. :us,ego1 hook q said SmS.Hy . G%s c & H.
H. Gamsey for Dabuey Morgan tLCo SeNiorf i've thousand
scrptoa or to tale the SHARES .c as subscribed deponnt
,91. g Of as S9f a ~ and 1s bU the SAD
80 made by oepos1 we're not ,Hy h BOOK the
Company above stated DepoOe further sag; th no matter
Depobeu further ih, a. the matters alleged e fourteenth
s .ss.s and th. subscription, 500 shares
the evening Of August 1893 and that on tbe day AZ
lion. paid to tho Treasurer COMPANY the
vent into the Treasury tina, about
beck Tor persons. Of that de-
Pouen, had his possession slSg" Equipment S b%as osIS
veil that such bonds belonged to aud were The property
10000 payable 81 month, amer date aud s said bond,
shortly declined retain sal. bond. dsavowog
~ lieu thereon and offered to return ~. m . 'p
depository for the eoud, so stated TO him NAV .n'sg b
Deponsn, further that borrowing said |Snsy dspa.nt af
view promote of the Company and With th. design Of
% 900 s. . ccs opponent Believed that wa, YER.
S tS s he 10 per cen. payable
81 not -. s S: ' Of bonds s''. .u for loan
the SypSd u. pe Of dat, a. Of the
operation and deponen found Indispensable nscs"a
and save the Company and property sGd franchises from de-
advised and believes
the hands Goesbeck legally pledged TO
him lien whatsoever ar for said loan nd
the Company suffered loss damage BY the said
disposition o said bonds
D.poseut denies a. the matter and thing, alleged the aessb
the the facts in this sndaV stated
Deponent denies all e matters aud thng alleged the sixteenth
the complaint the facts herein stated
" Phelps that section menOged refused allow the
transfer the Comp,D boots the stock Of the town Of Davenport
informed and believes for sufficient
there being suheebt aduced TO BIN Of the receipt Of
In full By the Commissioners OF sustain the
made ny them TO J. Gould and said Phelps being advised by
good legal counsel whom be consulted thereon the Comm
Of authority by las sci. the stock of
the be sold aud fully paid for cash that dsponeD
Informed aud believes said Phelps refused transfer the shares obe