, 1873-05-15
THE COURTS.
Tho Assignee Of Tho Commercial Al1cr
tho Stockholders. 50
An Extraordinary Manufacturing
Dodge Alleged Against q > :. ; d
Large Company,
Arson Trial---Aotion Against tho Lake:
Observation-Disclosures Suits. j.

. Nj. Jenkins, Assignee, yesterday filed bills in
eha1lcsry against eovernl Stockholders Of tho
Commercial Insurance Company, to compel tho
payment Of thoir stock subscriptions. Tho bill
declares tho organization Of tho Company, tho
action OF tho Board Of Directors with respect to.
taking notes for etock-BubHorirtion and mort
cages to Rocuro tho gan1o. and otLer matters
which aro familiar to tho roalor, and thon pro-
ceedB to say that complainant Ia advised md boz
llovos and therefore states, that said notoB wero
security for, or represented, trust fund, and
ought to hayo been held or collected
by tho Board Of Directors or of1loors Of
.eaid Company for tho benefit .of tho
creditors thoroof, and TINT he is informed and
belovea and charges tho truth to bo, that many
OF tho stockholaera In sald Company have, from
tlmo to tmo, and at divors times, sold md tranB-
forrod thor stock thoroiu to otlor parties por-
aons, which eales and transfers wore, from time
to tfnao, recognized by, and ontorod upon tho
books Of said Company, and Tho certihcatoH Of
stock hold by such persons sellng or transfor-
ring, wero surrendered to sad Company, and
cancelled, and now certificates Of atock Issued In
lieu thereof, aud, ut tho aauo ti,no and timos,
tho notes Of tho por1ons so selling and trana-
ferring stock, wore tnkcn mp, cancelled, or do
etroyed, and now stock notes in place thoroof
executed by tho purchaser Of aucl stock, pnya-
bic anu uoi1TGTCu To bAlu Nul4aNl4Js
Aftor roforring to the action Of tho Directors
of tho Company previous to tho fro with regard
to tho declaration Of disidonda, and tho illogaty
Of such and tho loss Of tho Company by tho
grcat fro, itB subsequent bankruptoy, and retl.
tioner's appointment rs Assignee, and tho facb
that he never received tho stock-book OF tho
Company, complainant statoB tint ho is informed
aud believes that the officers or Directors Of Haid
Of thom aitor it's said Insolvency, and subsc-
qucnt to tho timo Of uaid lire, cancelled or
surrendered to tho said defendant tho said noto
or notes given by him for his said stock, and
that he claims that Hail note or notes has or
have boon fully paid and satisfied, and further
statos, TINT ho. is adyiBod aud believes, ind
therefore charges that such cancellation or atr-
rcnler WAS without any consideration, and 'sas
vioation Of tho duties Of tie said officers ,, Or
gal, fraudulent, and void, us to your. orator aud
tho creditors Of said bankrupt, and III violation
of tho provisions of tho act Of CongroB8 entitled
can net to establish uniform system s' M Of bank
proved March 2, 1867, aud that such can
collation. or surrcudor ought to DO do.
creed and held NJ illegal, null and void
by this honorable Court, and that said dcfondant
ought to be required to dcIiyor to your orator
said noto or notes 80 surrendered, or to execute
o now noto or uotos Of like tonor and amount,
aud In lieu Of said note or notos SO cancoled or
surrendered, and to p1y the amount unpatd on
the stock held by him.
Wherefore complainant asks that eaid dofcnd-
ant may DO brought to answer tho premises in Il
court Of equity, and state tho amount OF stock
ho ownod at tho time Of the great fire, md how
much remained unpaid upon tho stock eubscrip.-
tion, OF stock note, or for tho stock held and
ownod by him, how much had been paid upon
euch stock in cash, how much Of such stock ho
held, and whether he now holds any such.
A s1NouLAn MANUFACTURING DODGE ALLEGED.
In September last, David Il. Ford applied for
and obtained an injunction restraining tho Chi
cage Waller and Gas-pipo Company from accurr.-
ulating custom by the use Of his namo on their
on in front Of their building. Ford tho plaintiff,
who had gained considerable farne rs O worker III
metals, sold out in 1879 to tho Chicago Water
epdbaSS apd dSsfa wh G9p1ng s ngaS fSs Ss9 q s s
ing money on. tho strength Of Fords rcpu-
tation, kept his namo il tho foreground
whenever IT was practicable to do so:
started, and il tho fall Of 1879 ho obtained IN
injunction restraining them from in,prntipg his
nnnlo OH their castings, md from showing his
namo in front Of their works. This they failed
to comply with. Tho sign on which appeared tho
with d yory light coat Of invisible white, Which
left 1t as legible as over, and tho cnbastio sign
still appeared on tho castings. Complainant
thought it was time to obtain another injunction,
and yesterday morning lis attorneys filed On .ap::
plication therefor, in which they .recitcd
the wrongs which complainant labored under.
Aftor detailing tho fncts tint the original sign
was. notwithstanding tho original injunction,
aSors that on tho 22d day Of April last, t. stot-
son, Superintendent Of the Jackson City Wator-
Works, Michigan, sent him telegram request
ing him to send Immediately certain goods,
occupied By. tho Chicago Water aud Gas Pipe
Company. where it was opened by ono Andrew
J. duilford, bookkooper Of tho concern, who
read it and scnt an answerr, a telegram, to tho
1nH piro Tnmnnnv hn3 nok fbo
goods gu hand, but could sond
them by the following Saturday on receipt Of
which anawer stotaon telegraphed OF to Cleyo-
ans @ sd l"t aus 3 sSGdh ho 5ioa SSof aoopor e ths
Company, recoipted for tho telegram IN the mos
md Treasurer, Sa*S' a:*S On tie I'D 2sd q Aprif,
a Srn1 from o 9tstea Ss f Hs By
mentioned. To this complainant answered, Oh
tho 23d April, that he would ship them
next day, and did so,,, receiving from,
stetaon a letter stating that he lad re-
upon which lie had eent to Cleveland. TIis lod
to an Investigation BY complainant, resulting in
Ills learning that tho 9. ". & G. ?. Company had
undertaken to transact on their own account,
and for thoir own benefit, q certain job which
had been rendered him to perform, which caused
him to apply for tho writ OF Injunction reatrain-
Ing them from 10 doing in tho future. Tho ap-
plication was granted.
TNIhl4 E0lt ALISON.
Leopold Cohn WAS held OIL charge Of setting
fire to No. At State street. Tho testimony
brought to substantiate tho charge was that oi
an Interested fire insurance agent, whose owl
dence showed that, Judging from the appearance
Of things at the fire, especially from tho fact that
quantity Of the goods were burned while the
surrounding wood Was unharmod, tho eupposi-
tion that they had been saturated with kerosene
was very natural one. Tue only othor tosti-
uony which in any manner tended to convict tho
prisoner Of tho otrense charged was that Of an
expreseman, nho awore to certain admissions Of
Oohn to him. But the oxpressman was proyou
to be man Of very bad character, aud not to be
beloved on oath.
On the other hand it Was proved thnt the
goods in the store ut the time Of tho fire were
worth at least 1000, and that the insurance
thereon WAS only 81 800, equally divided between