The New York herald., 1871-12-20

means or Identifying such certificates. It is true
that the petition states that such receipts do n0t
particular certificates OF stock, and do not designate
OF such cerIOatos 70 whicn the hOllers thereof are
receive any poruon OF the certificates Of stock held
by Heath and Raphael without discrimination. the
receipts
Dy numbers or otherwise the particular cerfincates
received. ana do not on their faces represent any
received as being the certificates to which the hold
ers OF the receipts are entitled. But It oy no means
aoows snH snHs 1s DO mot IL fact %
holders thereof TO demand and receive any portion
Of the oertiicatas held BY Heath ana Raphael with
Der. 1t Is to be supposed rnat by such mum.
bers or otherwise the particular certincates
Sands q and q can &c
whether this be SO or not any person who can
identiiy the cerlfcates he deposited is entitled TO
call upon Heath and Raphael TO respond IN respect
OF such particular certificates and TO claim tnat no
one else shall call upon them to respond in respect
tant In connection with the tact that Heath and
Raphael hold, under ike powers, certificates for Q
shares such other shares have not yet been
transferred 70 or registered in the names OF Heath
and a Raphael 49, TINS @ has happened, a. appears. 3
no justice In allowing the petiu )ner TO claim and
receive the 12.7S5 shares In preference to other
that appears It may very well be that such other
dep0stOrs depOslted oil the certificates representing
tue particular ZOO shares now ~ the hands o. me
are IN Its custody deliver certificates for shares to
no other person than Heath and Raphael on Q
petition Of this character in this suit unless such
person SHOWS himself atfirmauvay to be the de-
positor or the assignee OF the deposli0r OF par.
by, and are directly represented by, par
tlcular cerrihcates forming part OF sucn 60,O5d
shares. do not dwell upon any OF the otner views
taken IN tine affldav1t presented IN opposition TO
the petition. as urged on the hearing, or express
any opinion IN regard to them, az the grounds upon
whicn l have above Dut my decision are sufficient
to dispose Of the present application. In connection
with the suggestion as to
!, ,... ~ SPURIOUS u RECEIPTS ,u, =, .,o
petitioner as owned by him there are of receipts
numbered 10, ls 3d. l9l, 329, 43s, AGO. 81 and 9o6
three each and Of receipts numbered $40 four These
thirty one receipts cover 700 shares In the cases
o. numbers TO- szs 4so and si2 the same S number t
receipts OF the same number. In tue cases OF
numbers is, o. lsl, 4ss and .oa,o goS Diner, hv
each OF the two receipts Of the same number. In
the eases OF Nos. 428 and ATS the same number OF
ceps Of tSe sa ny eaca
OF shares Is represented by the remaining oneO the
three In the case OF No. 3sl different number o.
same numoer In the case OF No. 349 the same num-
ber or shares represented by each OF two OF the
four receipts Of the same numOer, and different
number OF shares Is represented by or the TWO
OF such tour receipts; of such latter two reprei
senting also different number OF shares from tue
otner one Of such latter two. ! allude TO THESE
circumstances only for the purpose OF saying
tnat the field Of inquiry which they indicate as
necessary one Is one which ought not to be en-.
tered upon Dy tribunal which has before IL only
portion OF the entire number OF shares covered by
the transactions with Heath and Raphael, and only
controversy respecting o portion OF such eutlre
number, and which has no jurisdiction IN THIS suit
to affect the rights OF those who are not before IT,
The prayer or the petl0n IS denied, and the order
for the suspension OF the delivery to Heath and
Raphael OF the l., ,7sb shares is vacated:
David Dudley Field and illiam A. Beach for the
petitioner; william NJ. Evarts and Charles F. South
mayd for Heath and Raphael. f.0sf