The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-15
THE COURTS.
Interesting Legal Conundrum as to the Nichol-
son Pavement Company.
CURIOUS BOGUS WILL CHARGE.
Notes OF Discord Bringing Into Court the
Leader of a Theatrical Orchestra
REMEMBERING HIS MoTHER-N-LAW.

The history and operations OF the Nicholson Pave
mont Company have already become somewhat exten.
svely known through litgations in the courta Tho
well known suit brought BY Charles h. jenkins against
Russell w. Adams and Charles +. Rogers, recently
begun IN the Supreme Court is beginning to assume
and rather Interesting phase. Adams l.
Rogers are the members OF tho Arm OF
r. W. Adams Co.. which arm is tho de facio
Nicholson Pavement Company. Ten years ago
The Nicholson Pavement Company organized for
laying down wooden pavement Tho capital stock Of
HE company was $500, 600. Five trustees DO
appointed, and Nicholson's right TO hts paten. was
purchased by tho company, the latter giving their
stock In payment According the complaint the
company procured from tho city. from the company's
organization up TO 1871 the right oil laying
sna
making this item 500. 900 profit Mr..
Jenkins alleges further tho contract prices from
- 70 TO 50 80 per square yard amt the cost only
~ 90 per square yard. On these other contracs Tor
carbng and grading. he says the company made
$40 600 profit, and that the total profits OF the
pany were over $775 000 This company, he says had
It's office with the firm OF r. W. Adams Il Co., and
that from sae beginning they have, by acquiring ma
tees from their own trim and employees. He also
alleges that Adams 4 Co. are lumber dealers; that
they sold the lumber for the pavement exor bitant
prices that they had the finances under their controls
tina. they had Mr.. Adams continued as treasurer
while the contracts wero forthcoming after
winch = Mr. Rogers elected treasurer;
that tho defendants kept bank account,
and that over $780, 900 were wronguIy converted 10
the use OF Adams L. Rogers and that firm. Plaintiff
says moreover that he $40 shares tho stock OF
the company ut par value OF $4,000; that be applied
10 tho trustees TO have q dividend declared they
were making profits, which refused; that his
share Of the profits would be $40 600, and that the
deenoants books are now kept In their lumber yard
In Brooklyn. Mr.. jenkins complains that he applied
this corporation TO bring the present action but they
refused and that he now applies Tor accounting and
receiver. Tho case came before Judge Donohue, In
Supreme Court Chambers. on motion to allow plain
which Was granted, the plaintiff, however
TO have notice from defendants proceed before
the reierec The amendments the com plant are 70
the effect that the deieudants, Adams Rogers, ap-
piled TO the Court and had receiver appointed on
the ground that they had accounting aud over
500 900 was due 10 the 1rm by the pavement COM
pany, and that Phiio I. Ruggles appoint ted re-
cciver, which, he says, was done alter this was
commenced, and that tho action brought benalr
Of himself and other stockholders similarly situated.
No receiver was appointed on this action has
already been named. The promises interesting
developments before the litigation Is terminated.