The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-26
T HE COUR rs.
The Avenue Railroad Mortgages-A Marriage
Declared Null and void-van saun
Admitted to Bail-Decisions.
SUPREME COunI-cAAmBERs.
The Trusteeship OF the Mortgages Upon
tho Avenue G Railroad.
Before Iudpa Laonard

Before Judge Leonard.
1t will be remembered that few days ago appli.
cation was made In this Court by q majority of the
bondhoders under the first mortgage Of the Avenue
Q Railroad to remove Sheppard Knapp, the trustee
of that mortgage, on the ground that he being the
trustee OF both the first and second mortgages In
tended to purchase both together. To this the APP
picants objected, claiming that the first should be
purchased alone for their benefit Judge Leonard
took the matter under advisement, and yesterday
rendered the following opinion which, from the
peculiar nature Of the case and the interests
involved we give In FULL
This application is made by majority in interest
OF the bondholders under the first mortgage cover
ing portion only of the railroad. Mr.. Knapp is
also trustee under the second mortgage upon the
same portion of the railroad, and covering also
the other portions of the railroad upon which
there is no other mortgage lien. The only CON-
plant against him as trustee is that he
declines to employ counsel for the foreclosure of the
first mortgage, selected by majority In interest OF
the b0ndholders under that mortgage, and also de-
clines to elect to act rs trustee only under of
the said mortgages, and to resign his trusteeship
under the Other There Is clearly nothing affecting
his character for integrity embraced In the charges
and II Is by no means clear that he is not acting
with sound Judgment in declining to act separately
In fOreclosing either of the said mortgages In which
he is named as the trustee upon the default which
has occurred. The question as to whether the road
to the portion included in the first mortgage, may
be, and probably 49, one OF nice discretion to be u
dclously determined by the Court after evidence
has been taken showing how such u sale may affect
the interests OF the bOndhOlders under both mort
cages, and also the stockholders of the railroad cor
poration II the property mortgaged will clearly
bring more than sufficient to satisfy both
mortgages by selling the road In one par
Gel as q whole, while it might prove insufficient
to satisfy the one or the other OF the mortgages If
sold In separate portions a case would arise where
the Court would be justified in considering the
ports OF the stockholders on foreclosure sale, and
the subject should be decided upon equitable dscre
ton. There are other aspects also in which the
question might oe presented for the exercise of
equitable power as to the order manner Of the
SALE Clearly the rights of the bondholders secured
by the first mortgage are to be protected, as to
secure II possible the full amount due and the sale
of the portion mOrtgaged thereby In separate par
Gel would be justly required II larger deficiency
parcel am inclined to the opinion that Mr.. Knapp
has not acted unwisey nor against to interest or
either OF the two classes of bondhoders by prose-
cutting both mortgages to decree of foreclosure
In one action and without giving any preference to
the one or the other. The subject OF the order OF
sale of the property mOrtgaged will be for the
Court to decide in view of all the facts to be pre-
scented at the trial on that question, and rs may be
consistent with the rights OF the two classes OF
bondholders. do not consider the right OF removal
absolute upon the application OF the majority Of
The bondholders. The removal is not to be capri
ciOusy made, nor without sufficient grounds. The
motion is denied, but without costs.
Marriage Declared Null and Void.
Some two years ago Carl Won Engweihingen
came as alleged, from Germany to this country,
leaving behind him a wife to whom he had
been several years married. Shortly after his ar
rival he found the acquaintance OF Emma Gruber
and married her at Morrsiana, the ceremony
being performed by justice Of the peace of
that town. They lived happily and had child now
twenty-five months old. few weeks ago the first
wife called at their residence; the husband was
absent; but the second wife was told by the first
wife the fact OF his prior marriage with her, which
fact the husband on his return home acknowledged.
The matter was brought into this Court and Mr..
Richard G. Beamish appointed referee, and before
him were developed the above facts. He reported
in favor OF declaring the second marriage null and
void, and the Court to-day confirmed this report
Meantime the twice married Won Engweihingen,
hearing that proceedings were to be Instituted
against him for bgamy has skedaddled II is said, to
parts unknown.
Van Snun Admitted to Bail.
Application was made to-day to admit to bail
Albert Van Saun, charged with forging a $4,000
gold check. The application was granted.
Decisions.
Daniel Lehman VS.. Edward Harmonn ct al
Motion denied without costs.
James Fitz vs.. Anna Fitz.-Motion to leave to
answer and for almOny &C., denied.
The People, &c, A. J. Bleechcr vs.. A. II. Green.-
Motion denied.
James O'Brien, Sheriff, VS.. California Insurance
COmpany.-Order OF fnterpeader modified by re-
quring the deposit OF 81 900, and as modified to
stand.
BY Judge Barrett.
Frank GutZinger Joseph ROSenthal-Case
and exceptions settled. See memorandum upon
margin OF amendments.
5. b. Still ct al. VS.. Z. H. Dove ct aL-Case and
amendments settled.
John Ii. Lister vs.. Union Manufacturing Com
pany.-MOtion denied with $40 costs.
BY Judge Ingraham.
Ann E. Haring ct al. vs. John Rush ct a.-Judg-
ment for the plaintiff according to opinion.
James O'Bren, late Sheriff. VS.. Daniel Doom ct
a.-Motion denied without prejudice to renewal.