The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-06

George A. thompson. 10 500
Robe Watiinsoiii... 10 50 5000 5000
G. s. winston. 10 500
Brigham Young. ..... 100 5000
Silas Seymour. 80 10 5000
Alex, hay ri ~. :i=s.-r. W 20 1900
500 Each.
John F. Tracy. ..... 300. Full paid.
John j. Cisco. .... 200. Full paid.
Charles Tuttle.... go. Full paid
w. F. Durant. t0O............... Full paid.
PicSerine Clark. 2SS Full paid.
And aeponent further says that the Board Of
Directors OF said company, January s, 1857, passed
a resolution. Of which the following is copy
That at meeting Of the Board Of Directors of the said
he ssd S @ WAS
company, and while Oliver Ames one Of the directors
the meeting, resolution was offered in the following
Resolved, That the Union Pacific Railway Company
win and DO hereby consider the oxe extended
from omaia and that the css5s Sf ihis company are
ssres a 1 to se %h the Mobcr
That as the plaintiff finds upon the record of said
meeting, the ayes and noes were called on sad
majority, including Messrs Bushnell, Ames and
Dillon, and was opposed by the votes OF all the
Carter who voted for 1t. That deponent, upon
learning the fact OF the passage Of said resolution
commenced an action against the said company by
summons and complaint, and obtained an injunc-
ton restraining the company and its officers and
directors from acting upon said resolution, OF
schedule a." and of which injunction q copy is
also hereto annexed, marked schedule "J.n
SUPREME Court, CITY AND COUNTY OF NEW
YoRE.-Th0mas G. Durant, plaintiff, vs.. The Union
Pacific Railroad Company, observation-disclosures.
To the above named defendant,-
You are hereby summoned and required to
answer the complaint in this action, OF which q
copy served upon YOU ana to serve
subscribers at our office, No. so Wall street, in the
city ,of New York, within twenty days alter the
service hereof exclusive Of the day OF service
and II you fail to answer the said complaint within
the time Aforesaid the plaintin in this action will
apply to the Court for the relief in the
JAN. q, 1857. Plaintiffs Attorneys.
SUPREME COURT, COUNTY OF NEW YORK.-Thomas
c. Durant, plaintiff vs. The Union Pacific Rail-
road Company, neutrality-suspicious.
The plaintir makes this complaint against the
The plaintiff states that the defendant hereto
fore made O contract with Que Herbert M.
Hoxie for the construction and equip
minus Thereof, being the city OF Omaha, the dis
lance Of 100 miles, at the price Of $4,000 mile,
one hundreth degree Of longitude, making a total
length OF road Of PAT miles or whereabouts; that
has been made by the defendant with said Hoxie
for the extension OF the work further west; that
from the end Of the said 247 miles westward o dis
lance of ffty-eight miles to point 305 miles west
of Omaha said railroad has been constructed and
completed by. contractors and laborers, with
u
much less cost than $4,000 mlle being in fact at
least $500 600 less for said tyeight miles than If
constructed under said Hoxie contract
created SOB" by the act of Congress- passed
July l. 1852, chapter 100. and the subse.
that its Board of Directors consist OF twenty d.
rectors, five of whom are appointed by the Presl-
dent OF the United States and the other fifteen are
elected by the stockholders.
That the plaintiff Is u stockholder In said Union
Pacific Railroad Company to very large amount,
ing Of the Board Of Directors Of the said company
held January s. 1867, while the plaintiff was absent
from said meeting upon necessary business OF the
company, and while Oliver Ames, one OF the direc-
tors of said company was in the chair and presld-
ing at the meeting, resolution was offered in the
following words -
will and DO hereby consider the oxe contract extended
g. s paint s y s Te
70 settle Wlt ths C5ed IGDer ut
That, as the plaintiff finds upon the record OF
said meeting the yeas and nays were called sad
resolution and 1T was adopted by the following
Lamhard, Ames, Duff, Dillon and Carter; nays
Messrs. Harbaugh, Ashman, Sherman and Will
lamS
That the said Credit Mobilier is O corporation by
the corporate name of the Credit Mobiiicr OF
America, holding and exercising the agency of said
Hoxie contracts that all of the said directors who
SO voted yea, except Mr.. Carter, who is director
appointed by the President of the United States,
sa fSss and s reser 81
voted nay were appointed by the President OF the
That before the passage of said resolution the
said additional fty-eight miles Of railroad had
been accepted by the United States government as
complete that the effect Of the said resolution, II
carried ont by settlement and payment, will be 10
subject the said company to the payment Of more
than FIVE hundred thousand dollars for the said
ffyeght miles Of railroad IN excess Of the actual
cost thereof
That said additional ffty.eight miles Of railroad
was not constructed under said Hoxie contract, in
n Y In no ~ and hat oid fr..l Nat has
no agency or authority from the plaintiff or the
contractors and labOrers who constructed the
carried into effect said Credit Mober would be
able to pay and reimburse the whole actual cost
thereon and retain more than five hundred thou
sand dollars OF the company's money without any
actual consideration whatever, and to divide the
same among the stockholders Of said Credit Mo-
ber OF America; and that several OF said directors
who voted for said resolution then well knew that
the said 6ftyeight miles OF railroad had been con-
structed for much less than fifty thousand dollars
per mile; and that all OF those who voted for
said resolution then well knew that the same
had not been constructed by said Hoxle, nor
under said Hoxie contract; and that the said
company, before the passage of said resolution,
had actually paid very large amount of the cost
OF construction Of said fity-eight miles; and the
Its officers, directors and agents shall be restrained
by Injunction the said resolution will be carried
into effect and the said company De subject to
great loss, and its means Will be thereby wrong
That the stockholders OF said Union Pacific Rail-
road Company are numerous, aud this plaintiff
brings this action for the benefit Of all said stock
holders.
The plaintiff thereupon demands Judgment
against the defendant and that tae defendant and
all the directors, officers ana agents OF the de-
fendants company may be enjoined and restrained
pending this action and forever afterwards from
settling with the Credit Mobilier OF America at
$4,000 per mile or any other price for said fifty
eight miles OF railroad, and from extending said
Hoxie contract so as to cover the same
In any r. part thereof and from paying to
said Hoxie or said Credit M0bilier OF
America, or any other party or person
representing them or either of them for the con.
struction thereof and from enforcing or carrying
into effect said resolution; and that the said reso-
luton may be adjudged and declared to be null and
void, and that the plaintiff may have such other OF
the costs OF this action.
TRACEY OLMSfEAD, PLAINTIFFS Attorney
City ana county, or NeJ0 FORK, sS.-rhonas G.