The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-28

capital stock OF the Sioux City and Paci0c Rail
road Company, and that in May 1868. when the
Lambard SUIT was brought In the New York SUI
preme Court the stock was held by about one
hundred persons. to the amount OF s4,s69, 900,
winch was the whole amount OF the subscribed
capital The subscribers referred TO were assessed
forty per cent OF the amount OF their several sub
scTipt!ons, ana all except four paid up in !ull.
On the 10TH day of September 1854, at meeting
OF the dIectors OF the Sioux City and Pacific Rail-
road Company. held at the ONCE Of Messrs; NJ x.
| dcssup u CO.. so Exchange place. New York city
| IA majority OF the Board being present in person
ana by proxy, Mr. Jessup in the chair. the follow.
ing resolution was offered by Mr.. r. Schuchardt and
adOpteds-
Resolved first, That tho Sioux City and Pacific Rail
n sooS pro july
lsda amendatory act entitled, IAN act 20 aid in
5 rs
ss.' Ss sss sss.s
said i. road pSyaSsd Tor il section
company Tor said object y 80
requested to foregoing resolutions TO Pres
dent OF the United staOs Tor the purpose therein nd
With view to accomplish the same purpose
oenat0r James w; Grimes. OF Iowa. ana Congress
man James r. wilson, OF Iowa, had already ad
dressed letter to President Lincoln, requesting him
to make the designation referred to In the resou-
ton above. At a meeting OF the Board OF Directors,
So 1864 Vice President A. w. Hubbard reported
the receipt from Secretary Usher. OF a certified
Pacific Railroad Company 'ior the purpose OF con-
graphs IRON Sioux CITY to such point on and SO as
to connect with the Iowa branch OF the Union Pa
clfc Railroad from Omaha or the Union Pacific
Railroad, as such company may select" Congress-
man J: /. Wilson, who was present. moved
tnat the company accept and approve the
same. At this same meeting OF the Board
OF Directors, John J. Blair, of BairstOwn,
New Jersey, was unanimously elected President OF
one M S i
Allison, now United States Senator elect was
elected TO I'LL the vacancy. Congressman James Il.
Wilson resigned the office OF DireCt0r; MIR. Hubbard
also resigned as Director.
CAKES AMEs, OF MASSACHUSETTS,.
the above-named vacancies. on motion of MIR.
Allison, President Blair was empowered to employ
the necessary engineers and assistants to make .
survey to accomplish the work before them, in
conformity with the act OF Congress and order of
the President, and that said survey and location
dent was clothed with full power Ito do all acts
and things that he may deem necessary" promo
ing, also, official copies OF Secretary Usher's and
President LincOns approval and designation of
the company Tor the work were produced. A meet
ing OF the board OF Directors. held at the Office of
the company, at Dubuque, Iowa, on the 10th OF
juno 1868, showed evidence OF progress on the part
OF the engineers and other officers.
Ex-senator james Harlan, OF Iowa. succeeded
Mr.. Usher as Secretary OF the Interior. Lie called
q convention Of government directors, engineers
and commissioners TO meet in Washington on the
lst OF February, 1885, Ito fix standard OF Pacific
unable to attend, the latter commissioned Con.
gressmen William 3. Allison and Cakes Ames TO act
in his place.
to which reference has been made above was
brought in May, 1868, In the Supreme Court OF the
city and county of New York, by Charles A. Lam
bard, plantiff, against John I. Blair, Cakes Ames
the sioux City and Pacific Railroad Company, APP
peants, impleaded with others, defendants. The
action was brought to secure plantiff his title to
the Sioux City and Pacific Railroad Company,
d the OF vna the sos shares aS
for q general accounting, &c. Mr.. Lambard CON-
planned, and alleged that he one OF the original
cc RaraaS " whcs u ana
formed pursuant to an association previously en-
tered into by the nine persons f0llowing:-.L. b.
X Jessup this plaintiff Charles A. Lambard) and,
the plaintiff is informed and believes John l.
Blair and three others whose names are unknown
the plaintiff; and the plaintiffs informed and
believes, the rights o. the three others have been
purchased for the Joint beneft Of the other associ
ates." Mr.. Lambard, in brief, states that he was
suddenly called to visit Europe, ana requested
John /. Blair to take charge OF his interests;
lis return i he discovered that the soS1
City and Pacific Railroad Company had been
ran, regardless OF his alleged ninth part; that dur
ing his absence Blair, Ames, Allison Il 20. had in
creased the capital and constructed so much Of
the road as to be entitled under the law OF Con-
gress to 100000 or thereabouts, OF the bonds of
1.-The United States; that the same was received by
said company and deposited with Moses Taylor OF
the city OF New York, and the National City Bank,
in SAID city, for distribution among the share
holders or Tor account OF the said company; that,
as the plaintiff is informed and believes, all but
ss17 worth OF the bonds have already been SOLD,
ana sL the proceeds OF part Of them deposited in
Blair, or the Belvidere National Bank or the said
company, but were still the property Of said CON-
pany. Plaintiff, fearing the Withdrawal OF the
bonds asked that the defendants be restrained by
injunction, which was
GRANTED BY JUDGE CARDozo
on the 1lth Of May, 1865 IN June following John
denying Lambard's allegations and moved that
the summons and complaint be set aside, which
costs upon John J. Blair, Cakes Ames, Moses Tay-
lor, the National City Bank the National Park
Bank, d. c. Blair, Charles Z. VAIL James Blair,
Charles scribner Sidney Dillon, Peter Butter, vii.
liam X. Kitchen, William E. Dodge, Joseph ii:
scranton, William B. Allison, John b. Alley and
Morris X. Jessup the defendants.
AN APPEAL WAS TAKEN
by the defendants from Judge Card0ZO's order to
the General Term OF the Supreme Court, "denying
all proceedings taken In the action against said
defendants" Among the answers filed Is one from
Cakes Ames, stating that when this action com
menced he was bona fde subscriber to the capital
stock of the sioux City and Pacific Railroad Com.
pany TO the amount OF $6i0 000 and 1T the time of
making the afidavit he owned the same. On the
18th OF December, 1868, Judge sutherland granted
the prayer OF defendants and ordered the injunc-
ton vacated and dissolved, denying motion TO
continue the injunction.
on the 30th OF April following, at special term
OF the Supreme Court OF the State Of New York,
JUDGE BARNARD PRESIDING,
the case came up IN It's regular order, when judg-
menI ioi Ch"AiSo "a ''"nipai y, PiaiHhh, was
ordered, with costs and an extra allowance OF
$40, 200. AT special term OF the same court May
IL, 1869, Judge Barnard on the bench, motion was
made by the counsel of Charles A. Lambard for
Judgment, to wit, ''that the plaintiff Lambard
cover OF the defendants $222, 100, together with
$l0,335 Oe costs and allowances an equivalent in
27.7 shares OF the capital stock OF the Sioux City
and Pacific Railroad Company with all dividends
and profits declared or accrued thereon up to the
time OF the transier.n This judgment was endorsed
by Judge Barnard, and duly fled May H. 1869.
A notice OF appeal to the General Term was en-
tered by defendants, and is
YET UNDECIDED
| During the conflict in Court between the parties
in the above transactions some very interesting
| bard, the plaintiff, testhes that during the time
the bill in favor OF the Sioux City and Pacific Rail-
! road was before Congress he was in Washing
| ton and exerted himself in Its behalf; that he
| made the agreement in that city with Mr.. L. Il.
i a Shnuld he cananasad NJ .aixa