The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-28
SUPREME OOURT-CHAM3ERS.
a Railroad Litigation and Ncrvou
Prostratnon Inducing Giving q Hal
Million Dollar Note.

a RaiIroGd Litigation and Nervous
Prostratron Inducing Giving . Half
Million Dollar Note.
Before Judge Dopohue.
The Lake Shore Railroad as claimed, was last
fall on the verge OF bankruptcy To relieve
the road OF its difficulties James b. Banker, Au-
gustus schen and the executors OF Horace +.
Clark, these three gentlemen having formerly been
the executive committee OF the railroad company,
took up together with Cornelius Vanderbilt q
large amount of the stock Of the company owned
by the company, but in the hands OF the brokers,
and they afterwards gave their notes Tor $500, 0o0
each. Mr.. Banker now brings suit to have his note
cancelled and also asks other relief He sets forth
IN detall his transactions up the time OF giving
the uote. When he gave 1t he AYERS that he was
suffering from nervous prostration that owing 10
the panic and consequent depression in stock val
ne leared thongn wealthy he might become
insOveIt. that while IN tins condition the dlrec-
tors OF the road came 10 him and SAID that
81 200 600 ofthe sinking fund had teen pledged his
order TO the Union Trast Company, and that Scheli
ami the executors OF CLARK were willing to Join him
in each giving their notes for $780, coo 70 protect
this loan; that remembering how he mad been in
The habit OF signing anything for Mr.. Clark, and
thinking that perhaps no might have authorized
sucn an Issue, and the books OF the Union Trust,
Company not oeing then accessible and everything
being IN confusion, ne gave the note in question,
and only short time after discovered mat the
az-OO.UOO % BONDS were legitimately and properly
Issued lor me purposes Of the company to redeem
plies therefore to have his note declared void
want OF consideration and for full accounting be-
tween himself ana the company. motion was
made yesterday Ia this court 10 strike out portions
OF the complaint, which sets out as matter OF in
ducement the great railroad ability OF Mr.. Clark
and Mr.. Nanderblts and Mr.. Clark's influence on
him as impairment, and TO compel Mr. Banker TO
choose whether he VIII proceed on the theory that
he owes nothing for the cancellation or mis- notes
or on the theory that there Is unsettled ACCOUNT
between him and the railroad for an accounttng
There was very lengthy argument on the motion
nv Judge Fancher appearing for MIR. Banker and
Mr. Burriil for the company. AT the conclusion Of
the argumenrJudge Donohue took the papers.
Another Divorce Case-TroubIeS in the
Tim Household.
Before Judge Donohue.
Irene Tim va Solomon Tim.--History repeats
ITSELF and so do divorce cases. THIS seems TO be
case somewhat similar to the Brinckley divorce
case, now on trial. The plaintin brings an action
ior a divorce a Uinctlo against Solomon Tim, whom
she has hitherto claimed as her husband, but which
relationship defendant denies. Mr.. Tim, mer-
cnant Of this city, doing business In collars and
cuffs, having a store Broadway. interposes,
through counsel, answer to the complaint con
tanning eight deienCes, among them tnat he never