New-York tribune., 1874-12-02
THE COURTS.
TIE ERIE INJUNCTION.


JUDGE wEsTBRooK MODIFIEs HIS ORDER so AS TO
PERMIT THE PAYMENT OF INTEREST on BONDS
AFFIDAvITs OF HUGH J. JEwETT AND wM. BUT
LER DUNCAN.
Day before Yesterday Judge Westbrook, IN
the Supreme Court, granted order requiring the
directors of the Erie Railway Company TO show cause
why receiver of the Company should not he appointed
In the suit OF John G. Angel against the Company Dekuh
last July Accompanying the order was an injunction
restraining the Company from doing or permitting
any of the acts respect OF which they were required
70 show cause HaSty afiavits drawn up yestcr'
day by Hugh ]. levitt and WIN. Butler duncan ana
nresented TO Judge Wcsbrook who modified MS l1unc-
tion s far as 10 pcrmit payment OF interest moneys
on the bonds of the Company and the dscharnG Of any
Of its pecunary obligations The a1iavl,s and order
are appended:
AFFIDtvI OF MR.. JEwITr
uuch J. Jewitt being duly sworn deposed and says
that he is President Of the defendant Company, the
Erie Railway Company, and has been such President
since July 1874 That the deponent has not been served
with the temporary injunction herein granted by Justice
Westhrook on Nov 90 1874 but has Of the
through Mr. Butter Duncan, one of the directors of the
Cumpany who was served with the same on the sald
so,h slant aOput hafpdst In tine evening; that
some two weeks depOncut became aware ofrumOrs
nnIied for supposed such rumOrs TO have been put
m circulation for tue pbrpose OF aiding the specnatons
~ certain persons IN the stock OF the Erie Railway
Company. Tue dcrouent further saws that he is In
SarmsJ and believes that the said injunction ap
r,,ed for on the S0h instant aforesaid for sole
nnrnose and other Of juring the credit and dcpre
stock of the sud Company compelling by means
thereof the said Company make default in the pay
men, ~" heretofore Lawfully issued and on which in.
erest is payable to-day in London, known second
consolidated mortgage bonds; also certain bonds
SSorSt'fore lawfully issued under what is known
nsre'I,O'' Nth mortgage OF the said road
this dcponeut distinctly alleges and charges from facts
within his personal know ledge. well on iniorna-
ton and belief that this action not brought in good
tita that sad plaintiff has interest whatever in
The SAID Erie Railroad Company or the subject matter OF
ths action; that he mere agent and instrument or
tbe said specultors that the said injunction was ap-
ior the benefit or protection the Erie Railroad Com.
nany ont solely promote the freudueut objects and
purposes for whcA the s4ld action was brought ana TO
deprs stock az the Company for the advantage of
Ie Spectators. aud for the sole purpose to derange
the financial an hr> ol the company ana .Ia tue se
Who granted the same was grossly deceived and im-
nose upon by false fraudulent, and decefu repre-
senlacns as to the o9csa purposes OF Tue sald IN
Innc,ion that the p-ndency thereof even for "a few
bours in present situation of tle Company, is
greatly 10 the pr,iu iudce aud damage OF the Company,
ard may result IN lrrepdrable dawaSe.
Depopent furthe. says that the affairs OF the said
camnsny are being administered by himself and his
Road of Directors the best advantage of the Com
bpgent de uies eacA every allegation OF fraud le
saIty or misconduct III the said complaint alleged or in
nept stys that tiS present time aud IN view OF the
crrat necessity Of o"isinng Immediately dissolution
Of said ujlncti,A no has not time to state more al
length and in detail ne facts III the premises
II. J. JEwITT.
AFFIDAVIT OF MR.. DUNCAN.
VIM Butler Duncan, being duly sworn, says: have
read the foregoing Of Mr. Jewitt; l know the
conteuis thereof an believe the same to be true this
belief Is founded pIrtly on personal knOwl dye aud
psrtlv on information and belief; do know that the
sflirs Of the Ere RriIway Company being admins
tered II the bts advantage OF the Company, and
cOrdHg TO Law, tAat the salt injunction If not at
once dissolved. result IN great damage and perhaps
urepdraUe daIna.e 10 tue said COMPANY.
". FUTLER DUNCAN.
ORDER OF JUDGE wEsTBRoOK.
Upon reading the affidavit OF Hugh j. Jewitt and
VIZ. Butler Duncan, ani motion OF MesSrs. Macfar-
land aDd Shipmau Of counsel for the Erie Railway Com
pany, and sufficient grounds appearing therefor.
much Of the Injunction order granted by Nov 80.
1874 as prevents the said defendant the Erie Railway
COMPANY or any officers financial agents, from
paying Interest moneys any OF its bonds due tins
day. dschargug of its peCUnary OOlig OnS, is
hereby revoked anI set aside 1. L. NEslBROOK.