The New York herald., 1871-03-26

formation, In London OF the Erie Shareholders Pro-
lection Committee, and after the transfer to 1t az
well or the stock mentioned of large quantities OF
other stock Of the Erie Railway Company,
Gould, the peuiti oner, commenced to pur-
chase and sell the stock so delivered to
the Erie Shareholders' Protection Committee and
received by them having the stamp thereon OF
Heath and Raphael, and he also commenced to pur-
chase and sell quantities OF the receipts mentioned
In the mpla.nt In the first action. These receipts
passed current In the market as for the stock pur-
porting to be thereby represented, and were the
only evidences OF title which the holders OF
the receipts had upon the stock there
by purporting TO be represented. Prior
already mentioned Gould and those interested with
him had been the owners and holders OF the certid
Gates and receipts referred to, Issued by the Erie
according 10 Gould's best recollection OF some fifty
nine thousand shares. and they were about the time
OF the commencement Of the suit IN which Coleman
was appointed receiver. owners Of large number
OF shares as he believes, exceeding twenty-seven
mentioned a and the certificates Of the committee.
Gould IS unable TO say the exact number OF the re-
celpts IN question owned by himself and those
jointly Interested with him at any one particular
time, because such receipts and certificates were
held in London by his agents there in their actual
contracts or SALE He further AYERS that he was the
owner Of number OF shares, mentioned at the COM
wss q ns s the IN
possession or his London agents, or else
resting In the proposed contracts OF sale ana he now
believes, as Informed by telegram from London.
from his brokers' and from personal knowledge, all
that he has III his custody and possession In the
United states upwards OF $4,000 shares o. the SAD
he has receipt TO the extent Of $4,000 shares. There
were other parues to the SUIT namely-W Q.
Eagerson, A. G. Wood, Bernard Clarke, Henry
]. Harrington, John McpOnough and others In New
York, who are tile owners and holders Of 800 shares
and upwards, each owning at least 100 shares, aud
therefor.
Gouid's brokers IN London informed him by tee.
gram that they were owners OF 100000 shares and
had receipts for 800 more, and he believes this nor-
nation to be correct. He says 1t was his desire,
and the desire OF those interested with him,
Committee com nav be converted into new cerscases
to bc issued by the Erie Railway Company, and that
such concession may be directed to be made out OF
the stock now under the control OF the court, and
that they may direct such conversion to be made
without the expense Of transferring from Heath
and Raphael and then being sent to London to be
retransierred to them Dy the owners therefor at
shilling share for the purpose OF carrying on the
litigation. He was advised that he himself and
those interested with him had an equitable right to
have the Court direct that the said 10000
shares be retained in the court unit! the
subsequently, that the Court had the power to direct
the transfer OF sufficient number OF shares to re-
ized in the said Several receipts He therefore
prayed that proper order be given to the present
custodans OF the stock TO retain the same until the
Court shall ascertain the extent OF the interests OF
the petitioners in the said STOCK; that the receiver
shall cause the same to be transferred TO him, and
the amount OF shares found to be his property,
as shall be proved by investigation, and that he
shall have the right to file cross bill to seek other
appropriate remedy therein.
On this petition Judge Batchford made the follow.
ing order:-Upon the service upon Messrs. Evarts,
Southmayd & Choate and Love- Clarke Morgan,
II. Coleman and Charles Robinson. or their
attorneys or copies OF foregoing petition ana Of this
before this Court al the term to be held at the court
room IN the said city, on the 1st APRIL 1871 at eleven
petition should not be granted, why the petitioners
should not have such other relief as the Court may
see fit, and in the meantime and until the returning
day and hearing and decision hereto held let all
touching the stock herein be stayed.