New-York tribune., 1871-11-23
THE COURTS.
TIE HEATH AND RAPHAEL LITIGATION.
REVIVAL OF THE CASE ron,v

REVIVAL OF TIE CASE TODAY
Soon after Judge Barnard's CT parte order
appointing james H. Coleman receiver Of the Erie Rail.
way stock stolen from the English stockholders two ~
them Heath and Raphael appeared the suit removed
it, far ~ their interests in 1t concerned to the
United States Circuit Court, and moved in that Court
before Judge Batchord to vacac the Coleman rccey-
crshp. AZ the coming on OF that motion for argument
Fisk, tiould Co. attempted to discontinue the suit by
giving that effect TO the attorneys Of Heath
and Raphael. Judge Blarhford however, refused TO
allow the suit to DO discontinued AMI on March H. 1871.
made order directing the Eric Ran" ay COMPANY Jay
Gould James Fi.k.ir. Jane. II coleman. ana others.
uGcates for GOC6s shares Of Erie stock which
Coleman, in he interest Of Fisk and Could had taken
possession Of "a Receiver under Judge Barnard's
partc ord, Judge Batchurds order further required
that these ccrtcaie- should b. dry'tea % n @ enG tHa
Company for Identification In $50. ana tiat II Nn"n
appear that the stock had been transferred 7" tr name
OF 0lernau. as Receiver, the Erie Railway COMPANY
should deliver to Heath and Raphael new ccrtnchtes
corresponding In number. and in the number ot snarrs
which each rcpr, scnteu tD the ctrlcates winch were
This delivery was directed to be made under the super
vision o: Mn,tcr,n EIuIty Wl": but when ~ a anu
kaphacl called for the production OF the cerhcater
which had been taken from thrn 1t was found that III
shares. Coleman held only certificates for that mum
bcr Of shares which Lad been issued 20 him ~ Receiver:
Upon further examination Of tie orignal ccrflras
also appeared that large number OF them representing
In a. $40 sA-rs , Of t t"'F F,rr1~r. @ L%s Isn
and Trust Company, and Cancelled by that Company
that Gould had had 5000 shares uf "hoeis' STOCK
issued upon the basis OF two alleged convertible bonus
for SCNOD aud registered BY the same Conpay as the
representative Of tbs 30 90 share OF Heath anf Rahl
stock that Cole had never had his certificates regis
tered ;ud that they ucfr therefore, entirely u1iktt-
able. The original certificates for G00'G salrs had con
Squen:Iy been caucelr the ls.ue of the new GER
tcatcs 10 Col, man, which were not and c"Ild not h
registered be-, markctable they wcr there
FORE aud stil are, comparatively worthless, and th
registry capacity OF 3o0t0 Of the H. nth and Raphael
shares has been appropriated by Gould TOR the benefit or
his own UOgls' stock.
The Court asked to REQUIRE Could 70 make good
this deficiency bv providing. in regular inaner for the
rrestry of ccri acs held by Coruan. This Ii" coulldo
only by furnishing D,mO shares which were entitled io
-is,Iy, upon their AN, cion. a'd upon the ran
collation. Il the oIGG shares Of Tie Heath and Raphael
stock winch - ,naincd upon the registry. the Ger
ticatcS which orrI,an aid might bc II ,~t,Ied Thl-
judge RIich ord irf cd Ia DO, and, by such refusal.
allowed Goud 10 enlarge the registry 10y AIDING 10 the
registered share caph oi the Eii" Railway Company
his own 5000 " bogus" shares, alter which, u -
undo rrtnod ihc Co,In certificates w,r" r. "lsttrci
A. II il aplarrU. That the Il-iJ, frt!n'atr~ Cdiiot
be returned Ia Heath and Raphael III Tie condition
in winch tncy were hen LETT WIN TIE E!lc Hallway
COtlHy for id,nti, iOt Mastcrin Equity Whitc has
issued order. aspiration of the Erie cous a'-
i.urnug III" rcitIcrt uhf y. m toddt aii ordering
that. In the mean time. the Erie R;wa! Company shall
maxi Oui. and IA up. and Cast Ia he >SnV. m. new
.t!t IT.. IN it., U Heath ana Raphael tW ilr
har,S of stock question. IN "rG'r that tiri may
It!u.it-, I,. dClrEJ 10 Heath dhd II" v""rI, Il
It bt Gl.CCtrI.