The New York herald., 1871-03-29


IKaunEsr OF MR.. DAVID Dunrv~ 49, srr
r PORT or rue 5sSa5a 5DsauSsSs. a.
-. "...I nauley Field in q heightened arGu
ment, laid before the Court his views In support O.
the demurrer. and submitted the following among
other points, IsN - .k
:'. u Se ss. als
Ss o15porsts. % % T.ily There nothing
.rs N g ,. ssn:as!sd pssis :la!s.s: % es%e'SS
ssn g. no q s
ssss me % sassS S : 2 IL
ssid.o have been and or the M nss :.
estate wheiSsr .aoS trsn:.oeas prudent. ever
Inquiry Evsn ths purchase Of 4: own stock {. not q
ssnis. @ made s.esass.
n':s :au s 0''sF .Ss% .ss g: Is.
s. % 70 %
which exclude the possibility Of submitting such questions TO
%: s' Of ;ss
e. The s sss % hS. s. 'sSn %
{Ramsiel Diven. Ganson sand some other.1 are gen.
q s
In the q the pleasure 0 Could vote Of these
The four s.area would be from biz
the directors know nothing Of the charged the BIN
Pay %
sonpsny now j. As S.sS: d Could .na Lane .ns
II
%pSsy
only reason given hss The control q the company Is now
legally that u which has
l q s X.
dead or absept ncapaOs e acting Several men.
sSg:s II saf as ssss .
eps hs .s three s Ss
meet OF hs,s been S% ON taking action
i've Ssnss sSs
ss
5 IL favor SpRG q an s Sss
were IN any controlled BY Could F.k there
votes cast business transacted and
% So ss1s
meeting regulate the affairs Of the corporation Certainly
%
Il. other ssa o ss s doc. @
relic. 'Sngh: 4 ,S ac.n . mot nS. 'ussa
The directors have been expressly rsaues.sd to
s Ss 90 sc % # the S ,ns a
By the corporation OF many Of the acts complained
4; this Clear that the compsny osnne. 'a %tsTe
. o &. and %
they haye done b means hc obtain. that
could not sustain this bin without Offering 70 return the
aside This bill cannot be sustained behalf Of any
all il any the piantiGs has equity .gainst the
1nts tha; good ground Of demurrer 70 the whole BILL
IT. 9S sas e: @
81
and that he s en.itIed to have them standing in his
:s =
%
ss ssd and hin a1 S Ia psn .s.
REFUSAL allow the him. This dsmass:
p.d o e Rs asy ns he ha
become
heigh. Of - m.b%su5di.y sur to allow % person thus situated
from tno full possession Of the stock But
adudged that person who was entitled to the trans
refused is stOckholder, against corporation
and oSsn r. ns in % Of equity
itself merely formal party deendan ought 70 be the
1as % but @ ns SUI: rss
Is asked against the corporation, and It's presence
reoo Among the suit sre he hs
Sf 9 81
taken without gravely affecting the rights and duties Of the
sss.s q 1s'rs sRSa
:siny %s enc re- s
sSs SSi sis
s Ss sns IL s ssros.
shei, powers The very fact: which the plaintiffs aege
s hs
The e ar. s Ss ss,es
are not all sufficiently represented BY the corporation II
SSniss ID
s os # .osa and Il d1ss Erie R.s. iss ns'
the acts were 1nawfM ana ragduen the Boston Hart
ri shs irqI.. q .hs fraud The siss.teS Gould,
% s9oS a
to unlawful and fraadaient
Erie asg
psny the ultimate restitution must from the Boston,
TsSna sns T't n''snss sns :Ssn them
S oS
Tweed and Eidrdge are necessary parties because
ss e - ssS
on and he Of nds The
Psrtis: Who are SsonIS named n the demurrer ought
beng charged with having participated greater or less
in sss The alleged h
large sums oi money from the Of the BY
cousion with its directors and without consideration
These matters cannot bs fairly Investigated without bring
ing the parties thus charged by name with participating
Of demurrer z 70 compel the painas to conform TO the
bound to answer him demurrer II the proper form
defendant TO notbound TO the
The defendant may possbly have another
remedy By motion TO take the bill from the de but he has
this moro formal remedy also.
Rx.ATToRNEY GEsERAL HQAR's -ARGyMENT--sCAIH.
sIrg INC DENuSCIATl0N OF ERIE - g
Ex-Attorney General Hoar replied on the part o1
the plaintins- He sad:- -.
these could not get relief In equity ia this court
they had no place else 70 for Justice he hoped
order 10 remove the scandal thai would attach the
can pae and 70 American courts. II justice
10 this suit; tpat these Engishmsn, looking foI
their rights would have their aide OF the question
sidsred IN all rs important beaings After advertina
eTisny 70 ae ar po5. srsnsd y The counsel Mr
ha. the b could not Be sustaned behalf any Of