The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-28
THE CoLEM,y STOCK TO BE REPLACED.
What jay Gould Must DO.

IN the matter OF the Erie Railway Company,
James Fisk, Jr., aud justin ID. White VS.. Robert A.
Heath and Henry l.. Raphael, impleaded &C., Judge
BlatchfOrd has directed the following order to be
entered:-
Upon reading and filing the notice OF motion
and Henry l.. Raphael and the papers thereto an
neXed, and the aildavlts OF A. ID. Williams, George
theodore Ames, Robert Waller. Strong Wauds-
worth, William Fitch, Chesbrongh :. Otis, Reuoen
part OF the a5ovenamed Ro6ert W. A. 0I Hea9
and Henry H.. Raphael, the defendants who
male the motion noticed by The above-men-
toned notice or notion and three aildavits or
Say Gouid two adavits OF James Fisk, Jr., the ai-
dayt OF Justin d. White FREDERICK a. Lane, the
Master appointed by TINS Court up to the hearing OF
che motion, and the andavits OF George W. Hooker,
I.arne W. Lapsley, A. H. de Forrest L. G.. Quincy,
J.. W. vanderhoof A. II. Duyett, howard Lapley
Moses Mitchell and A. q. Wood on the part Of the
plaintiffs, and Jay Gould In opposition 10 sad mo.
ktOns.
And upon reading the notice OF motion TO open the
default taken in this action March H. 1871 ana the
=aflldavit OF William H. Morgan and james FISK Jr,
Hhereto annexed. and upon watch sucn motion was
made by the palntIffs, winch motion was by the
Court Oruered 10 be with the e-descriDed
motion OF the said defendants.
After hearing William I. Evarts and Charles T.
Soutlmayd Tor the said motion OF Heath and Ra-
pbael, aud III opposition TO the SAID motion open
the said default OF Marcn IL, 1871, and William A.
ana In support OF the sad motion 10 open such de-
1ault and lor Jay Gould. ana the Court, having duly
FyrSt-The shares OF stock when are the subject
OF controversy In this suit are in the possession of
1hiS Court by the hands OF It's receiver, James ii.
Coleman and they have been in such possession
and the said James IL. Coleman, as such receiver
as been te olcer oi THIS Court ever since the re-
norai OF the suit as regards Heath ana Raphael
into this Court.
second-Tnis Court has the power to compel, by
summary process, the restoration by said jay Gould
of any property which he mas distracted from the
custody Of this Court, whether he be or DC not a
tasty TO the suit concerning such property.
2HiyQ-As respects such 6J,uj0 shares OF stock the
certificates representing then which were issued
scef &c he er Se
lege appurtenant to them or being certified by the
ing agent OF the Erie Railway Company as repre-.
FeDting shares duly registered with said Farmers
t.oan and Trust Company as such agent Such PRIV
ueRe was part of the property IN the shares
WAS valuable privilege; and the original certificates
pr such 60,o56 shares OF stock sli remained under
paid recelvershp alter they had been delivered 10y
said receiver to the Erie Railway Company, ana con-
sinued to be documents OF title belonging TO sad re-
with and cerGcaildn by the Farmers Loan and
trust Company, after said shares, the name OF said
portion OF them to OBTAIN the registration and GER
gitcaton OF the certificates for $4,000 shares
bis isN acts IN respect to 10000 Of the said
shares belonging TO the said recetversnip not only
SsIng registered With ana certiaed by the Farmers
loan ana Trust Company and deprived such $4,000
s S9e 1 'i
90 his own use by procuring TO he conferred on The
k,gtfcatcs for other $4,000 sbarcs or STOCK or SAID
company while such latter cerlidcates were held By
MIN as his property. - 49, -
tonrth-havng thus distracted property from
fhc custody of this Court the SAID Jay Goud must
sestore the same by making or causing TO he made
provision tnat the 10000 shares represented by the
Certificates issued TO the receiver, which have been
shus deprived OF The privilege above referred TO-
snail have such privilege restored to them. and In
dciautt thereof he must make good the pecunary
value Of such spOatiOn.
! FiJIh--Sucn provision is proposed to be made by
placing the registry list of the registering agent
fnff rho vic IA m eho
have been created by the company and certificates
Tor which have been issued by the company, but
iisi. and no objection is perceived TO this course.
S'Jth--Ihe Court Is without power In this SUIT TO
.njon the Erie Railway Company from placing on
Inc registry list the so 900 shares which 1t proposed
go place there.
Sruenth-Tho motion Of the plaintins to open the
default taken on the 1ltn OF March last il denied
Thcreupon IL is ordered, adJudged and decreed
that the said Jay Could within sixty days after the
service upon him. or his solicitors, OF copy OF tins
ayg ssN]su y e e many ~ Of Ils certificates IS
s s sss suen G p41e sa 'Ssi ssss y
of being certified by the registering agent Of nc re
Eom OF tho New York stock Exchange: and that the
said James Coleman Droars re, receiver from
~ the eO,O56 shares OF the STOCK OF said
company, standing in his name TO be certified by
he registering agent OF said company, whenever
and as rapidly rs the opportunity 80 To do shall he
rendered TO MN. And In case the said Gould shall
a 10 whole or in part 70 mass or sash
ihen any Oiner parties in this suit may apply TO this
Court for instructions ana reel III the premises on
And it IL further ordered adiudged ana decrccd
that the Of the defendants herein to restrain
rhe plantln the Erie Railway COMPANY. nom regis
terng 80 900 shares OF the stock with It's registering
agent be and iJ Is hereby denied.
And " further ordered auaScu n an" nre
leaken March IL, 1871 be ana III ~ hetcDl ueicu.