, 1873-02-01
THE LAW COURTS,
Tearing Up Of Tho Northwcstcrn's
Track. on West Water Street,
Action Against John B, Sherman ct
al. for $600,000.
The Bostwick Claim up Before
Judge Gary:
Bankruptcy Of q Leading House
on Franklin Street,

: Bankruptcy Of n Leading House
on Franklin Street.
It appears from bill, filed yontcrdny in tho
Circuit Court, that uumbor Of n1en belonging
to rival companies arc engaged In tearing up tho
rails and track Of TINT part Of tho Chicago 4
Chicago nnilways' jointly owned line, on WcBt
Water street, which ia situated on Canal street
between tho south limo OF Fulton street and north
limo Of Kinzio stroot. On tho representations Of
the bill an injunction was yeatcrday iusncd, ro-
csraining furthor proceedings until tho mattor
can be argued before tho Court.
Tho bill rolates tho Constitution of tho Com
rany, md subsequent consultations under tho
stylo and Tito OF tho Chicago d Northwestern
Railway Company, and thon proceeds to stato
that, with tho Pittsburgh, Fort Wayne 4 CHI
cage, 1t owns tho track in question, under pow
era granted by . city ordinance Of tho 10th Of
August. 1903. That the Pittsburgh, Cincinnati
d St. Louis Ratlroad, being anxious to connect
with the track referred to, havo set number Of
mon to work to perfect connection, without
permission. Tho aggressive Company is stated
to DO running from Columbus to Chicago, and to
have received no authority whatovor from tho
plaintiff to como on ita track. They have offorod
no tor1ns, and made no payment Of any Kind to
socuro the advantages they aro trying forcibly
to tako but allego that thoy havo somo agree-
ment with tho Pittsburgh, Fort Wayne l. Chi
cago Railway Company by which thoy can mako
tho connection !; but this plaintiff nlcgos that ho
knoVs nothing OF any such agreement, is not
bound by 1t, and has nothing to do with It, Tho
plaintiff further chargos that tho Pittsburgh,
Fort Wayne d Chicago Company has lonsed its
lines and oil its property to the pcnnsylvania
Central Railroad Company, which Com
psny o.hn1.so has also Nm a'quirsta BY loase
PsbSse u St. Goas hareaa co so
pany, and that tho Pennsylvania Central Rail-
road Company has, by consolidation or other
wise, bocou1o tho Ponnsylvania Rairond Com
pany. The p1nintiff further shows that neither
Of these Companies has any right undor any or
dinanco, lam, ngroemont, or understanding by
which any or oithor Of them could connect with
tho track without tho consent Of the plaintiff.
Plaintiff also afarms that this track ie necessary
that thointerference Of tho Company now tonring
up itb track is q serious matter, md disturbance
Of his rights; that although ho docs not know
by whom these men are employed, Jet ho has
Jointly by the difforont companies, supnrintond-
I'd BY the agents OF tho Pennsylvania Com
pany.
An injunction rontraining tho workmen WAS
granted pondiug tho hearing Of tho cause.
BANKRUPTCY MATTERS.
A petition for the adjudication OF tho impor-
tant house Of Durkitt Il Sutton, doing business
as specially in the limo Of yarnB md fancy dry
Washington stroots, was yestorday fllod by Col
laday, Trout l. Co., o. Philadelphia, Pa, crodit-
org to the extent Of 4t23176 GO on tho following
amnants. gu5 In the year 1871, 9s.175; in 1879,
11th January, 1873, 81,slo.14, for which notes
hnvo boon: given,. mono Of which arc
secured, and somo Of which Gro overdue and u1,-
paid, namely two notes Of 1900 each, dated
mont on said notea, not loss than 93 600 to their
credit in tho hands Of bankors. Petitionors rep
resent that tho ontiro nsaeta Of tic debtors do
and that their debts arc 100000 that they sent
out circular to their creditors On tho 22d ult-
imo, stating their inability to pay their creditors !;
that thoy have stopped payment Oh all their
maado a iargo payments to prefarrod creditors. '
Tho financial state Of +. J. poronpile and p.
Il. Israel, Of Sheldon, 1roquois County, is about
as desperate as can be. They owe e9,2G0 to
creditors. and have sold the whole Of their stock
Of hats md caps, dry goods, aud boots and shoes,
| to John J. PoIonpile, q brother Of T. ). Poren-
pile, receiving therefor 9100 in cash and sG00 in
notes, which are not secured. Tho 3100 cash
hns already disappeared In tho payment Of tho
bankruptcy foes, and the 5000 notes constitute
tho whole Of tho asseta. Among tho creditors
| aro Eddy, Harvey d Carter, Of this city, for
| e237.74, who yesterday pesitioned for tho
| bankruptcy Of this feeble firm. From tho books
Of goods, at q profit Of s214. at period between
the despatch aud reception Of two letters to tho
petitioners praying for dclay. rule to show
cauae and provisional warrant OF Seizure we're
| issued.
In the matter Of James II. Frantz, tho petit
tion Of James q. Thompson waa yesterday
amended by tho petitioner affirming that ho had
no knowledge and had no reaBon to suspect tho
insolvency Of the bankrupt at tho time ho levied
John Smith was yesterday adtudlcatod by do
fault, tho warrant bolnB returnable before HcglB-
ter Hibbard on tho 1st Of March.
FoAo1Na z. Q. AND .. co.'s sTocK ON THE NAL
| KIT.
Joseph R. Diokerdiko represents to tho Cir
cuit Court, in praying for IN Injunction restrain
lug the sale OF 80 sharos Of stock in tho Peoples
Omnibus l. Baggage Company, that Ferdinhnd
had obtained from The hitter 80 shnres Of the
Company, valued at $4,000 which he agreed not
to force on the, market II tho plaintiff, to-
gether with other .,pcrsons IL the Com.
lsn lsp ns%' aa& a & sntS t%Sng Who J. .lo mhtpsy aoS
in this suit would purchase from him on cor
tain torus tue whole of his (peok'a) intoreat,
| right, and title IN the Company WITHIN one year.
| It iB now hsHerted TINT Peck has advertised the
note, which is payable on demand, although the
interest has boon duly paid, and despite tlc
! agreement, and that ho is about to sell the
ahares for whatoyor they, will bring, .coursc
calculated to injuro the property. An injunc,
tion temporarily restraining any enforcement OF
tho payment Of the uotc, and The sale OF the
shares, WAS granted by Judge Williams.
| THE PEnFuMEnY WAR.
The Northwestern Fertilizing Company, yea
| terdny 1led a bill in tic United States Circuit
Court against the Village Of Hyde Park, for in
junction restraining interference with tho Com.
pany'B businosB. Tho bill Ia aiu1tlar to that filed
in tho Cook County Circuit Court, with tho single
citzens Of Hyde park have ngrood to bring
separate suits against tho Company, 80 that
by their united efforts, separately direct
cd, thoY may drive tho Company