New-York tribune., 1876-02-05

Directors OF said NeW-1OIk, DoStOu anu SiohtiO"i
Esilway Company, and knew the facts and circum-
stances Of the making of the said mortgage and the
issuing of the said bonds. That under The said pros
pectus the said bonds sold in the London and
European market, and a very large sum of money
was realized therefrom and pail 10 the said trustees.
That the said plaintiff. and one William Butler
Duncan at the same time said money received
for said bonds were in possession OF the rolling stock
of the said Harlem Extension Railroad Company and
the plaintiff was also the holder and owner rep
resented himself Us being the interested in
large mortgage, which was an incumbranco Oh the
said Harlem Extension Railroad Company. That
said Company was then inso,yent yet the plaintiff
well Knowing that the said Harlan Extension Rail
road Company was insJlycnt and well knowing. or
having to know. that the said money 40 paid
for said bonds shOud he applied To the constructol
and completion of said rOa Of sai New York. Bns-
ton, aud Montreal Railway Company, demanded and
received from the trustees and custodians of s.,d
money the proceeds OF snd bonds IN connection with
said William Butler Duncan, the sum 0i T2Oo,0ol
for or on account of the said transfer or pretended
transfer of the rolling tOoS Of he sad Harlem TX
tension Raj road Company. and the further sum OF
SS07 or % on account OF tho MORTGAGE III held Nv
them aforesaid, and IN fraud of tho rights 0l tue
purchasers OF the bonds.
That said consolidation of said several railroads
was never legally completed. and said scheme has
never been carried out and the property of the said
several railroad companies has not been transferred
or turned over to the said consolidated company,
but the same remains still in the custo,iy and posses
sion Of the said several companies or their respec-
tive a>sghecs
That the said New-York. Boston, and Montreal
Railway Company is nsoycnt. and its said pre-
tended lirst mortgage bonds Issued and SOLD, rs
aforesaid are utterly worth ess. That larg SUIT,
or suits. il pending against the said planlit aud
others in the Circuit Court of the United Stites tJr
the Second Circuit and Southern District of New
York brought by the Banqne Franco-Egyplenne a
cooperation created by and under the laws OF
France, and others, TO compel the plaintiff and
Others 10 refund the moneys they have received or
which have been pal to them out " the proceeds Of
tine sale of sail bonds Of the pretended New-lork,
Boston and Montreal Railway Company.
That tie oaid defendant in said publication had
reference 10 the facts and circumstances above set
forth. and bel eyed and still believe, the same to be
true And the defendant further says tat the plain
till is bv profession coupselor-ltiw, but that for
many wears hc has not pya,ticd his profession. but
ha, been chEa5 Il IN extraordinary ntr.nl'cs ih,l
ais enturcs. aud ~ projecting and orSanNu9, and
adj and assisting Ia organizing and projecting
! mimi e companies and railioId couranies A. above
/ stated. ana which turned out 20 b" worthless and
fraudulent. and by which he was vastly benefited:
Aud the defendant further that tie trial of
tiiis cause hc dctcnOlu, VIII Iuslsi upon dhd give IN
! evidence ~ th' Tore g t,jrtS dnD I'll uiHSiiht
might ot rrwi So s,em emitted fully ald at lengt
as If the sad IA l. were herein reitcr-
ated AID specially pleaded a. mtsadng ear
cniua,anccs and fJcts. Aid the def udIut turth,l
SAY, that ON the tril Of this ciu-" The defendant
/ VII. in mitigation of any damage. To which The
plaintiff might ofhrryI.r seem cHtdcd, on in eyi-
,icuce sue fast That the satHueut IN sail suppo.'
/ lbcious art cle that large suits were Eouding
against him on account OF this ucsoi.a iou' Wa'
iacfc clerical error and thai such error corrected
| by said lrf.ujl I m ,Jd newspaper Oh tIc iputh
/ day f December. S75, AMI bri y" thf, suit was
brought. and it statol in said correction tl,i
. iaT & suits are psndug afainst ann oh account oi
t.is negotiation. AMI thv Golc ldaIt Ia der 't
/ that the general cIalri-r ard i"ptt.uou of th,
plIut;u ~ the time & before the go nWl>,i'T pi
the alleged grievance, the GccltgttiOn mcni Toned
I wis bad and thai Ice Wa, hcl NJ ha rtnuie by and
/ among hla nrigbDor- and bg.r.ess acquamttncc,
aid ,Alt hc hs not sls ,liru any a1Iulgo 0y reason
/ Di ,.lc publc itiOn com. -iISd Oi
/ Wnclef,rc tho dcf,n.aHt Prys judgment II th'
plaintiff ought to have og MAINTAIN hIs AFORESAID
action agalnst he said defendant. and that siie
action may bc disi,s-,d with costs
CoBNEIIU, A. RuVRIr. At, for Defendant.