New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-06-03
CREDIT MOBILIER LIrIGAuoNS.

A NEW SUIT BY MRS. JAMES FISK, JR., AND OTHERS.
Lucy d. Fisk, executrix of James Fisk, Jr.,
has begun what is essentially new suit against the
Union Pacific Railroad Company and the Credit Mooiier
OF America Gov DIX the Hon. Geo. opdyke and Others
having been joined defendants, in addition TO Oliver
Ames. James Brooks, Edwin d. Morgan. Cakes Ames.
Enoch II. ROsekrans, and Cyrus Fl. McCor-
mack the executors OF the estates OF the Hon.
James Brooks and Cakes Ames being Of course defend
1t is claimed behalf OF MI FISK that ne was
owner Of six shares OF stock in the Union Pacific Rail-
road Commpany. and he alleges that ne has been de-
prved his rights such stockholder owing TO COM
bnaton formed with the Credit Mober for their seve-
raj benefit and 10 the injury Of the railroad companyi
that the Credit Mober subscribed for 900 shares and
inward OF stock Of the railroad company, which it
paid for cash and for which it received certn-
Gates and shares and the proceeds thereof have
been in part divided among the defendants and other
stockholders Of the railroad company In fraud OF the
stockholders generally OF the railroad company and for
which share the Credit Mober justly indebted TO the
railroad company to the amount of $4,000 900 and up
wards that certain OF the defendants made contract
for the constitution Of certain portion OF
the railroad at price greatly In excess Oh
the real cost OF construction, the contract being
assigned by cakes Ames to Oliver Ames and others OF
the Defendants that certain Of the defendants agreed TO
protect the interests OF themselves and their cOnfed
crates in such fraudulent transactions under certain
penalty OF forfeiture; that certain Of the defendants
used the funds of the railroad company which had been
rauduenty obtained by them 20 purchase STOCK OF the
railroad company % make the stockholders OF the
two corporations substantially the same the complain
ant and others. the complainant believes, being
excluded from their rights such stockholders the per-
sons who had formed this combination having so ar
ranged matters control the action and resources Of
both corporations.
The complaint further reetes that the profits upon
tracts the corporations were very large, were
all raudue and made for the purpose Of ensur-
ing to the personal benefit Of the persons engaged in
these alleged fraudulent transactions, and by means OF
which it alleged that the railroad line and the tele
graph line connected with it have cost the railroad COM
company unreasonable amount, and that the excess
of cost has and divided among the persons
who controlled and brought about these operations
that oliver Ames and Others directors OF the railroad
company have been and interested in contracts for
supplying the railroad company with coal and other
articles, the profits OF which contracts have
been much larger than they should have been,
their friends and that the profits of all the contracts
for the construction and equipment OF the railroad line
among the directors and their friends 10 violation OF
their duties directors and by gross beach OF their
that a large amount OF the capital stock
OF the railroad company was sun unSuo,
the company 70 keep open their books OF subscription
until the eutire capital stock or tOOOOOO0 shOuid DC
company mis- subscription of $0 for 500 shares OF the
capital stock the prescribed price per share and that
refused that he subsequently offered to subscribe for
other shares mis- offers TO subscribe covering In the az
gregate 1000 shares and that all these offers were re-
The complaint concludes by recitng that Mr. Flax
remedyess by rules OF common law and could have
adequate relief only in the Court OF Equity aud asks
Tat the defendants be compelled to make complete
discovery by answering interrogatories covering All the
alleged fraudulent transactions and that the Credit
MobiIer and other defendants, excepting the Union
Pacific Railroad Company be enjoined from selling or
otherwise dispOsing OF the shares OF stock or bonds
OF the railroad company held by them in their
own name, or in tne name or names or any
other person for the benefit OF OF the defendans
that receiver OF all the bonds. securities, &C., and
other property Of the Credit Mooier, aud OF the us-
tees OF railroad company acerRnR frOm the con-
sructon Of railroad be appointed that the property
or proceeds may distrDutedamOng the railroad com
pay; and railroad company and the other de-
-endants may be enjOined from receiving from the
United states any bonds or grants OF and out that the
taken by the receiver and that the palnun
NAV have further other relief IN the premises rs
may be just
THE CREDIT MoBILrER LAWSUIT.
HARTFORD, June 2.-The Credit Mobilier bill
in equity mas been amended by including the OF
Andrew Correge J. Pierrepont Morgan, and John Ron
der OF York and Thomas Scott OF Pennsylvania AZ