New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-18
DOUBLE RECEIyERSHIP.

fHE APPOINTMENT OF A SECOND RECEIVER OF f1iE
NEw-YoRK AND oswEGo MIDLAND RAILROAD
COMPANY.
Itrecently appeared that Eugene II. Pomeroy,
counselor at law, with an Office at No. 80 Broad
way and residing at No. 4S West Fifty -hfthft- had
been appointed by Judge Pratt of Brooklyn gen
or,l receiver of the Midland Railroad. petition
Of Louis Berrs Of Middletown. and Others. AS
Abram S. Hewitt had previously been appointed By
the United States Circuit Court, and held possession
IL became a matter Of soms interest TO know on
what grounds the new receiver was appointed by
State court and why the transaction was kept from
publicity. A TRIBUNE reporter consequently made
ipouiries in regard to the matter, and. from the
someyhat meager information which he obtained,
n appears that sOmo such action has been taRen'
that receiver has been appointed by Judge ffa't'
that the application was made in the Special Term
Of the Supreme Court about three weeks ago. and
that for some purpose the appointment vas kept
from the public.
Judge Pratt was sought for but it sscsrtaned
that be was not in the city and that he has been
AWAY for about ten dsys. His associate, Judge Oll
bert was then asked whether he had heard OF the
appointment of receiver. He replied that he had
NOT and thonslt that the report must In untrue as
Judge Pratt had been out of town for ten days or
more He said that Mr.. Stephens, the Clerk OF the
Court, would probably know if such action had been
taken The reporter then called upon MIR. Stephens,
who said that papers relating 10 the subject were
presented before Judge Pratt sttheSpecial Term of
the Supreme Court about three weeks ago, bus his
memory in regard to them was 80 Indisnnct
that he could not say whether MIR. POmeroy had
been appointed receiver or not. de Was under the
impression. however. that q receiver had been ap-
rointed He recolected that Mr.. Pomeroy name
was mentioned in prominent manner be Wss
under the general Impression that the facts were 81
reported but did not wish to be represented rs stat
ing positively that such was the fact he said that
the records Of the Court contained all the inforna
ton but they were inaccessible before today Inc
rsa,on be did not remember the proceedings was,
that a. Clerk of tho Court his duties are mainly
supervisory and his subordnates perform the @eTT
cal work aud keep the records.
TWAS finally ascertained from the Court records
that Mr.. Pomeroy had been named recsivcr Of she
Midland Railroad since the first receiver was ap-
poiuted The manner in which he Was declared
receiver was as follows: snit was brought against
the railroad company by passenger who OBJECTED
~ the fare the ground that the rate charged "ss
iu excess If three cents mile. the legal amount |;
the suit was begun on the part of the plsntn BY
Dill & Royce, lawyers praetiefns ct Middictown'
Orange Couaty, New-York. and brought before Judge
Pratt. who presided at the Circuit Term OF the
Supreme Court at Brooklyn about three weeksego.
The Midland Railroad Company not represented
by counsel or ill any other manner. damages were
awarded to tho plaintiff for $50 and Judgment was
taken by default, whereupon plaintiffs attorneys
moved that receiver Of tho railroad be appointed.
The motion was granted, and Eugene II. Porneroy
was appointed receiver. Objection to the appoint
ment can bs made and will probably 10 argued be-
fore Judge Gilbert who ID AZ present holding Circuit
Court at NeYburgh.
Abrsm s. Hewitt said to a reporter yesterday that
h. had heard nothing whatever Of the appointing of
a receiver by the State Court. He having been APP
pointed By the United States Circuit Court any such
sction would simply bring the two courts into con-
gict. and tie LAWYERS must settle the matter He
said that he had no interest whatever IN the ahair
although no sincerely hoped, for his own coh'o
nienoe, that Mr. Pomeroy had been legally ap-
pointed. and would DO able To- bold the property
The Midland was an exhausted corporation when
Mr. Hewitt took hold Of it. snd seems now 70 DC re-
wing rapidly under his care. The appointment OF
another receiver viii have tho effect. doubtless u