New-York tribune., 1874-04-24
IHE COURTS.
MRS. JAMES FISK,S SUIT.

THE COUNSEL FOR THE UNION PACIFIC RAILWAY
COMPANY. CREDIT MoBuIER. AND OTHERS DE-
MUR TO THE PLAINTIFFS AMENDED BILL IN
EQUITY.
In the United States Circuit Court, about
year ago, Lucy d. Fisk executrx OF James Fisk jr.
filed, through James NJ. Ball. T. A. Jenckes, and David
Dudley Field her attorneys bill in equity against the
Union Pacific Railway Company, the Credit Mober Of
America, and Others to recover possession Of 10000
shares OF the stock OF the Union Pacific Railroad Some
time afterward Mrs. Fisk filed amended bl in equity
against the persons, and joined with them, as de-
PENDANTS the following other persons: George opdyke.
f. H. Rosekrans p. C. Clark, ]. L. Henry c. II hcCor-
mick and N T. GIlden. In addition to the allegations
contained in the original bill, the amended bill has In
substance. the following:
The Union Pacific Railroad Company, with the
proceeds OF the assessments upon the original SUB
scriptions TO its stock, began the construction OF It's
road, and when sufficient portion OF 1t had been
constructed to ascertain what 1t would reasonably cost
per me, the said Company, controlled by the persons
herenbefore named instead OF soliciting addluOnal
petine its road, entered into pretended contract
With H. NJ Hoxe for the construction Of the first 100
private benefit of those of the defendants who then
dTectOrs of t, Company and others confederated with
them" who had obtaileu cvGro OF me Credi, Mobile;
OF America by purchasing its stock at small nominal
snm "a view L, 70 hsyRi sad contract by
securing the great profits which would result
from the execution Of said contract to themselves as
The bill then charges that about S6OOOOoO divided
the directors OF the Union Pacific Railroad Com
pany, in violation of their duties such directors"
says that all the dealings between the defendants
relative to the HOxie contract carefully concealed
from the complainant and that the Company unlawfuy
issued about s00OO worth OF its stock 10 the Gre
MobIer OF Auerica. The prayer OF the amended blll
like THAT OF the original BILL that the transactions OF
the directors Of the Union Pacific Railroad Company
with Credit MObier of America NAV be inquired IN
TO- that directors may required TO account to the
Union Pacific Railroad Company tor its "unlawful issue
of stock" and for tue money paid out by them Tor he
gal purposes and that the Credit MObler OF America
may be restrained from making or PAVING any dlvdehas
until liabilities TO tine Union Pacific Railroad shall De
determined.
Hammond & Stickney, attorneys for the defendants,
demurTed the amended bill on the ground that II
iOined distinct matters which do not depend on each
other and that therefore, the bill Is too mutarious
Tie argument the question OF law raised Dy the
demurrer heard yesteruy before Judge BatcliOrd
who reserved his decision. During the argument MI
Jenckes repeated the ofenrepOrted story about the
Credit MObiher OF America being "deuson ana "a
fraud :" aud Mr.. Stckney eOnteuded that While Mrs
Fisk ght possibly have caim against tho directors
Of the Union Pacific Railroad Company she had not ac,
cording to the showing of the BILL any Just demand
against Credit MOber Of America, winch, he SAID,
a bona tde corporation