New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-12-13
LOCAL MISCELLANY.
RAILWAY INJUNCTION GRANTED
.,,, ATLANTIC AND GREAT WESTERN FIRST MONT


RAILWAY INJUNCTION GRANTED.
.r,,. ATLANTIC AND GREAT WESTERN FIRST MONT
GAGE.
Tn the suit of KOhn Reinach against LOUIS
III MAYER Frederick Schuchardt. and W. W. sniVher' an
c,,o h.s beeD granted against the defendants In
Supreme CsITt, Chambers, restraining eef~nn
tbem 10 uroong for three years the payment OF te mrs.
on the Ohio Division OF the Atlantic ana Greas
western Railway Company. The complaint sets ou'
that in s55 the original Atlantic and Great ncsol
Company mortgagcd all its property for aoooi @'oO'
oOo and subsequently, In 1867, executed oSeu v 90
surance to confirm that mortgage. Oh Which "oSs'9
F1oe0 and schuchardt were trustees AT inc same 'o
49,, -, A,,onttc and Great Western Company being
the Ohio mart of the present company tranHerrea n
FIGHTS 20 the Atlantic and Great Western Railway Com
pany subject to the Flagg and sehucharot
spontaneously the company exeeuted a mor'edso
IN John r. Pom n guarantee bonds ior Tlo'4ooouo'
The interest on the Penn bonds being unpaid In 1909
Mr. Penn began a snit in Summit County ONO 10 TOTO
close the mortgage The larger number OF the hoiuer
the frat mortgage were residents OF Amsterdam Hoi-
land They handed over their bonds to Messrs' "er-
tbeim Gompcrts Oewel, in order that the firm might
represent them in The Penn suit. In that slnt was
decided that the Flagg and schsshaFfSsS rat ngi5
eipal WAS by its terms not then due The painth e
that thereuOOn the agreement with the Amsterdam hi
Ceased Under the Penn mortgage the Ohio hrsnen
was sold SUBJECT to the olasr mor'g 5aES9 q TbuT
man and VIM Butler Duncan, who conveyed y thr4n s
another party TO the Atlantic and Great western Ha
road COMPANY OF Ohio Tho Pennsylvania ana New M
cornoraiiops OF similar consolidated ~lIh the
Ohio Company In December 1871 forming Ine prCs1n'
company and new mortgage was made whlch the pIl-
riff claims is stf subject to the old mortgages unaef
which 5e 600 coo Of bonds have been Issued III Fco
mary 1919 the new company made an additional oeeG
of ossranae to the trustees Of tine new mortgage, OF
which TAYLOR & Dunphy are trustees. 1t IS claimed
that there arc about S2500,0O0 OF the old FiagE q
scnuehardt mortgage, S56000OO0 OF INC Taylor q Dun
1y mortgge and other claims against the company Tor
over 81 600 900. In suit by Taylor DuhphS 10 tor
close their mortgage, receiver Wa5 appointed NH9
now running the road. II is alleged that the rosn -
not having its running expenses, ana that III
1874 tx Ten 5000 600 short. The receiver hts
already igsned about 81 100000 OF receivers
certificates which are claimed TO be lien even prOr 10
the old Flagg & Schuchardt mortgage. Recently some
EFFORTS have been made which have been partly success
ful 5V snithers ana Never, i'll cooperation Win Layor
and Dupphy the former claiming To represent Wthelm
Gomperts and Oewel, TO have this old mortgage post
uoI ed for certain time indefinitely, ana some kn1
f agreement has been signed which Is to he pfesehVec
TO an Ohio court. =, 49, ~, 90 him &.
Ihe plaintiff asks that his bonds be returned 70 mn
that the agreement under Which he delivered thenl 70
Tie Amsterdam be declared void, and pernaueht
injunction be granted restraining the deienqsS ~
payment OF tho principal OF interest OF thISe bonus
9om appyine TO the Ohio Court for direction that he
tustefs OF his mortgage maee any such agreement Inc
injunction asked for granted IN the supreme Co'
opM Monday.