The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-01
THE COURTS.
Mortgage Bonds Of the New York, Kingston and
Syracuse Railroad Company In Court.
BLACK FRIDAY SUITS.
'tion Against the Bulls
Head Bank.
BUSINESS FOR THE MARCH TERM.

Application was made on Saturday last to Judge
Lawrence, in Supreme Court, Chambers, on behalf
OF John M. Furman. Tor an injunction restraining
the ofncers OF he Bulls Head Bank from paying
i've per cent dividend on the LIST OF March. or
delivering or paying any dividend unril the lawful
stockholders or the bank have been ascertained
by Judgment in the courts; and, further, until
the order OF the Court from issuing any stock OF
the par value OF $40 cash. lieu Of the certificates
Of the old stock OF 5000. 900. temporary injunc-
ton was granted and the whole matter will come
mp for argument this morning.
In the SUIT brought by Albert Speyer broker,
against Jay Gould, for commissions on the pur-
chase OF gold on the memorable Black Friday, mo.
ton was made before Judge Sedgwick, in Special
Term OF the Superior Court TO have the matter
sent before q referee for examination. The mo-
ton Was denied. on the ground that 1t was more
properly case to 90 before jury.
An attachment was issued some time ago
against the property OF Gleeson alleged to be i'm
pllcated in the Buffalo and Erie bond forgeries.
motion was made before Judge Lawrence, IN
Supreme Court. Chambers, to vacate the attach
ment, but the matter was adjourned one week.
In the case OF the lawyer W. W. Badger, commit
ted TO Ludlow street jail by Chief Justice Snea, OF
she Marine Cour., for contempt Of Court In GER
tain references in his printed points In case to
Judge McAdam, writ OF habeas corpus was
issued on Saturday oy Judge Lawrence, IN Supreme
Court, Chambers. Meantime the accused attorney
remains prisoner IN Ludlow Street Jail.
Suit has been brought IN the United States Dis
trict court Dy the United States government to
recover from the New York and Harlem Railroad
Company S100. 900 claimed to be due for taxes and
penalties on the undivided net earnings or the
company Tor the past six or seven years.
Christian Lorenzo arrested some time ago
charged with being engaged in Illicit dstillatlon,
the particulars or which have been already re.
ported, was held by Commissioner Shields to await
the action Of the Grand Jury.
IMPORTANT RAILROAD SUIT.
suit has been brought in the supreme Court
by Ernest Caylus and John de Ruyter. survivors,
against the New York. Kingston and Syracuse
Railroad Company and other defendants. 1his
action Is brought to recover damages for alleged
Misrepresentation as to the mortgage bonds of the
company. In 1870 the Rondout and Oswego
Railroad Company. according to the allegations
set forth IN the papers, was New York railroad
corporation. alterward merged into the new com.
pan, just named as legal successors, and William
B. Ntcnneld, with E. g. and E. D. Litchdeld as
sureues became q contractor for building and
completing the road then In progress. The prest-
dent and directors OF the railroad, being the same
persons who had held these ofices In the Rondout
ana Oswego Railroad, resolved to mortgage the
property OF the road for 100000 The bonds
issued under the $4,000, 600 mortgage contained no
aliusion to the prior mortgage, and were entitled
CONSOLIDATED First Mortgage Bonds New York,
Kingston and Syracuse Railroad Company" In
Octoper, 1872, the plaintiffs, as further averred,
agreed with the Lltch1elds to furnish iron rails
Tor the road and, IN payment were to take
notes secured by first mortgage bonds. The
plalntlns at the time they received the
bombs relied on the representation which ap-
peared on the lace O. she bonds, oy when they
purported to be first mortgage bonos. The COM
plant was demurred TO as not stating cause OF
actlon. The DEFENDANTS claim that they did not
Intend to deraud or misrepresent: that the re-
corded mortgage was referred 10 In the DOnd and
thatan examination or this mortgage would have
hpprised them OF the existence OF the ROndOut
and OswegO mortgage. the palntlffs claim that
the defendants are liable II they made an untrue
representation; that the purchaser OF q railroad
boud Is not bound 10 examine the mortgage as
against representations whicl are made GU the
Lice o. the bonds. The demurrer was argued be-
lore Judge Van Worst, at Special Term OF the
supreme Court, who, alter the argument, took the
papers, reservlnG MS decision.