The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-02
THE CREDIT MoBILIER OF AMERICA.

The Widow of James Fisk, Jr., Claim.
Ing . Right to 10000 Shares OF the
MObilier SIOck-MotiOn to Restrain the
Organization from Winding Up its
Affairs Until MRS. Fisk's Rights are
Ascertaine d-Judge Blatchford Grants
q Temporary Injunction.
The public will remember that in 1868 James
Fisk, Jr, began suit In the United States Circuit
Court for the Southern district of New York
against the Union Pacific Railroad Company and
the Credit Mobilier OF America, for the purpose Of
compelling those corporations to recognize his
rights as a stakeholder, holding 10000 shares Of
The stock of the Credit MObilier; to make an &C.
counting, and to transfer to him tFisk) the divi-
dends accruing thereon up to the time Of the ter
niination OF the suit. At the time Of James Fisk's
death his widow, Mrs Lucy ID. Fisk, who is also
his executrx was substituted as plaintiff in his
stead.
Not long ago motion made in one of the
Courts of Philadelphia on behalf of the Credit Mo-
biler organization for the purpose OF effectng the
dissolution Of that organization and for the APP
pointment OF a receiver to look after and wind up
its affairs.
Yesterday Mr.. David Dudley Field and Mr.. Thomas
g. Sbearman, as counsel for Mrs. Fisk, appeared in
the United States Circuit Court, before Judge
Blatchlord, and made motion in the suit for an
injunction to restrain the officers ana agents of
the Credit Mobilier from the dissolution of that
body until the suit which has been entered by Mrs.
Fisk snail have been determined and her rights in
the matter in dispute ascertalned II was con-
tended by counsel that unless this relief were
granted TO Mrs. Fisk the property OF the Credit Mo-
bller would be disposed OF in a manner to preJu-
dice the rights of Mrs. Fisk, the plaintiff.
The molten for the injunction based princ
pally upon the afIidavit OF Mr.. Thomas q. Shear
man. This affidavit was to the effect that recent
disclosed
the Credit Mobiier had made vast profits reaching
to many millions OF dollars; that 1t had against
the Union Pacific Railroad Company unsettled
claims Tor very large amount, and that the OH
GERS and agents OF the Credit Mobilier had already
disposed OF the greater portion OF its assets and
ii not restrained would dispose OF the remaining
portion to the great injury and detriment OF the
Ex-Judge Emott and Mr. Scribner appeared as
counsel on the other side 90 the Credit Mobiier.
in relation to the Hoxie, cakes Ames and Davis
contracts, II had been said these contracts had
greatly enrlcsed the Credit Mobher That
TO show that the Credit Mobilier had ever derived
one cent on account OF the two latter ntracs Mr.
Scrbner expressed his belief that the property OF
the Credit M0bilier could not be more safe than In
the hands OF O receiver who would hold and man
age 1t for the settlement OF all Just and proper
Mr.. David Dydley Field stated he must say that
it was absolutely necessary to protect the property
OF the Credit Mobier from being scattered and
destroyed. He held that II was highly proper that
the officers and agents OF the Credit Mebllier
should be enjoined from parting with any OF Its
property. There was sufficient evidence before the
Court to show that the property In question was
fast disappearing. and the Court was bound 10 take
cognizance OF such evidence and act upon it in
the present instance. II the suggestion OF Mr..
Scribner-to put the property into the hands OF
receiver-were acted on the result would be the
commencement Of a series OF suits and itigatiens
by Mrs. Fisk to insist upon and obtain her rights
II the Injunction were granted one suit only would
De necessary for that purpose.
The argument having been concluded the fol-
lowing
ORDER nv yrncr ATcurORn
was Pranted-
On tne motion for injunction being made, and
.he Oourt taxing time 10 deliberate, 1t Is ordered
s,as uhtli the decision OF said melton and the en-
~ y, an order thereon The defendant, the Credit
o9n.l VI america, Its officers agents. attorneys
anu seIvants, are restrained from taking any pro-
ceedings Tor the dissolution of the said Credit
Mooiier OF America, OF Tor the appointment OF
receiver OF It's effects, for the dstrbuton there
or among Its stockholders or apy other ne rsons
and rom making any Distribution or transfer OF
any OF It's enects.n " 'A '"