The New York herald., 1877-02-18
A CANAL WAR.
Application 10 appoint a Receiver for the Dcla-
ware and Hudson Canal Company.
JUDGE DONOHUE CAUGHT MAPPING

The depressed condition Of New Jersey Central and
other coal stocks has caused considerable inquiry into
the present financial status Of the Delaware and Hud
son Canal Company, and innumcrabc rumors have
been current during the past few days that the road
.nsoIvcnt and tnat application for a
receiver had been made. Yesterday morning the
Vice President OF the Delaware and Hudson Canal
Company denied that any judge had granted order
for the Delaware and Hudson Company TO show cause
why receiver should not be appointed. In the
oil this denial and about the time the DENIAL was
mado Mr. Choate, OF the firm oi Evaris, southmayd Il
Choae appeared before Judge Donohuc aud succeeded
in obtaining the following ordcr
Henry H. Anderson vs. ths President Maunrers and Com
papy f the Delaware and hudson Canal onpany order
sam es ., ON @ s s .
such other ny said TO show cause
granted motion Evar,s. soa,hmssd and Choae
position do hereby vacse ana ss, aside ss order
NEw YORK Feb. H. 1877.
Tho facts referred tho above ordcr show plainly
that such document had beon signed by Judge Dono
hue, and HERALD reporter was yesterday furnished
with the following particulars regarding the
TIE APPLIED FOR.
On Friday afternoon, at ha-past two, Mr.. Edward
+. Brown attorney. .a-law, and his client, Mr.
Henry Il. Anderson, arrived at the New Court
House. Mr. Brown first TO tho Supreme
Court Chambers to lind Judge Barrett but as ho
lie was not there he the Judges private room
and speaking to the aoorcnder MIN to take the
subjoned papers in TO Judge Barrett and ask him to
sign thcm. The doorkeeper returned in minute or
and said Judge Barrett had gone home Mr. Brown
then said rakc them IN to any OF tho judges may
be IN and have them signed" The doorkccper re
turned in few minutes and handed the papers to Mr.
Brown with Judge Donohues signature ain xod. The
following is correct copy OF the papers,
THE coMrLAiNr.
Nem iorh Supreme Court = Henry Il. Anderson vs. The
President Managers and Company of the Delaware and
nam cd planti respectfully shows to The court
,s-lhrt the descendants are corporation duly char
to an net Of the Legislature Of said st e emitted
IL. and
ART, ~ lrs s"a s .ns svess % act, sre,
city and cssa,y f = YORK ' ''"'' business Tue
company ana owner Of hrs mortgage bonds upon tho
ihra-rhe painsif uriher alleges ha. tho president
directors and mannsers Of said company have squsndecd
psny, BY wronsnlIy purchasing large quantities
sS cp"y and b, %sens"y Tor ac
ing large amounts ot The funds Of sAid company
said company. erected the building
1a To thu .s
and has Diverted the funds OF the defendants from the
The asys been aud Wholly
cent per amman upon said investment |
h.aM plaintiff f.sT alleges that the said pre.
fully leased the Albany aud snsquehanna Railroad
ssn T.. s
sd psn an s have
Railroad and In ssa lease have guaranteed seven
eonstrnctio" that said leases involve the deisnd.n's
s"S by @ at % Ssr s Ss
snd leased roads have been unable to earn enough TO
"s, ss" 4 IA & 5 sS' % 2, ;nssc roads aud
s.ing expense. only s,.lieeaa, leaving burden Of
ssIss ssAy II. to s ssn' rs fro" p.n @f 0sr ,
,her alleges IL .has the president, a,rsc'or. and
several ",Ii,sa sosss Ss,oaFas se upon
delendan,s wronsaily guaranteed sooooooo the
p.ian further s!isss: Ssisa%"",s SaSS wrong
" .y y s os:n Of ..a the orsso ss sS s"d, % e
ialy purchased and now hold si,cooooo 81
or Hs & yea" the
purchasing said stock. have unnecessarily and without
rccevs any adequate return The pantia further
cana tolls and mseoaneoas profits Of the deienda",s
%ans tho % " h sc" year were about
,, teTsst !, appea" .h"t the re" net profits. wit.
At the prices Of las. year ars only o WITH when
TO pay the interest lis bonded debt but The decline
The defendants marketed during the last
o .hs coal Of about sixyfve per cent the Defendants viii
be compelled during The psssn. to borrow
gnalanteed by them Tho plaintiff further shows that
May D. sas sppe"rs an item as follows
%s,s s n To- And Ssnoss .ne said pesaen
Item they have neglected and refused do although
ITEM spA srs s a"S S
81 Is sna ss and Of ina, d
Ike. value whaseyer
ant through officers wrongfuiy converted several
'sfs pss sss s"s s hs s defend
ant through ils officers largely and wrongnlv engaged
in by reason whereof the company as sustained i'm
sccnM The plaintiff further alleges that she said com
pany has large floating debt and hopeessy insolvent
psn, S rihsr ri cry alleges that considerable
Nb The plaintiff iuribcr alleges ths, the said com.
pany through its officers has iraudueny declared aud
while disdends really by said company
entered nnhoy alliance combnation with other
cpmoanes similarly suat d. to enable The parties hcret 10
sau combination necesstated the accumulation by said
hand without market for Its sale except ruinous prices
and that by reason thereof tho said company has sustained
affairs has been stoned by the Incompetent niudi
cous OF the president directors and
Esrmh The plaintiff ursher allege. that although
statement OF the true and reliable state of affairs
as are noncommtta ana ev,ive aud only calculated to
neca and asess ~ %"e injured %
directors gers OF said company may required
render of the official conduct OF
mont and the disposition of the unds and property Of said
company committed 10 their charge, Tha, they MA, be
creditors all sums OF money and the value of all |
property OF said company which they may
acquired to themselves transferred 10 others which
they may have teckcssly lost, squandcrcd misuscd
wasted the abuse of their trust such dent dircc
aud Of said company that all alterations
property made bv such president directors managers
to the provisions OF law. foreign to the lawful
and objects OF such corporation be aside
where the persons receiving such alienation
purposes for which the Is made.
Tjrf,cndThe piantf further that this Honorable
Court will compel the said through It's officers
fall discovery the Heating debt ct said company
has heretofore that which present
y xists and the items setting forth tho causes and
Ia -tncation OF making such Liabilities. aud also
Of all stock, property and things In action other
effects which belong to such corporation aud the
aud disposition thereof the consideration all the
Of sueh disposition that Of the prop
aud elects OF be appointed. that
plaintiff have such further other relief In the
premises be Just and equitable
EDWARD T., BhOWN, Plaintiffs Attorney