The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
THE COURTS.
Important Suit Against the New Jersey
Steam Navigation Company.
ANOTHER DIVORCE BUDGET.
Playing Faro All Summer and Wearing
a Linen Duster in Winter.
PIANO MUSIC AT THE CENTENNIAL.

Tho late Russell sturgs the early part of the late
effected charter the government OF tho steam-
boats Commodore and o. Vanderbilt, belonging tho
Now jersey Steam Navigation Company ofwhich Daniel
Drew was then president, jacob II. Vanderbilt, John
Engls and Henry b. Norton stockholders aud directors
Surgs claimed that tho New Jersey Steam Nav CATION
Company through Drew, its president agreed to pay
him commission OF lve per cent OF the charter
money, and, payment beng refused ho brought suit
against tho company in November 1865. in tho Supe-
rior Court. The company appeared in the action
and defended tho merits. Daniel Drew,
president, verified tho answer. II contained IN
mission of the corporate existence OF tho pany and
that Drew was its president, authorized TO manage its
affairs and make contracts on lis behalf. II also
tanned denial OF the agreement alleged in the
plant. On tho issue thus joined trial had in
April, 1871, in which Stures testified In his be-
half ana Drew testified as witness on behalf Of Tho
company. The sole question for the jury whether
The agreement, us alleged by Sturgs, had ueen made.
Tho jury found verdict sturgis for SIS, 637 49, tho
amount claimed by him. with interest, and judgment
was entered on tho verdict against tho company for
S29.556 49, damages and costs Tho judgment was
ultcrward on successive appeals affirmed in the Supe-
rior Court General Term and by the Court of Appeals.
Pending the appeals, Russell Sturgis died, and the
icon was duly continued in the name OF tho present
plaintiff. Appleton S,rrgis his adminiyrator. Execu-
Mons were issued against the company upon the juds
mcnt and returned unsatisfed. The inability 10 col
cct the judgment due 10 tho TACT, alleged, that
the defendants possessed themselves oil It's property
the discovery OF this TACT the present brought
by the administrator OF Mr.. Sturgis. IL up
Nil amended answer by Vanderbilt that the company
dissolved IN 1860 At the time OF the accrung OF
the original cause OF action In favor OF Russell Sturgs
against the company the defendant, Daniel Drew
a stakeholder, owning 2,494 shares OF tho capital
stock OF the company, the value being 800 each
lie was also director ana president OF tho com
pany. The defendant, Vanderbilt owned 500
shares, and director. The defendants, Engis
and Norton, owned respectively 1913 ana 175 shares
and were also directors Of the company After 1868
other president directors chosen. Tho
financial affairs were under tho special management
of the defendant, Drew. The defendant. Vanderbilt
had the principal charge the steamboat business
After Sturgis, cause OF action had accrued and after
the company had received all the charter money on
which his commissions were earned, amounting to
$3.50 POO the directors determined in September 1863
to wind up the COMPANY. sell out us property
consst of the steamboats, Plymouth Rock,
Commonwealth and Commodore, forming what
was called the Stonngton line and the g. Vanderbilt
and iour. 1fths OF the Francis Skddy, forming what
was known the Troy line. The directors first sold
lhc boats Of tho Stonington line and DIVIDED tho pro-
ceeds which gave Dividend OF between 175 and 1870
per cent on the value oil the stock oil the company
This dividend was paid TO and received by the defend
ants. Aiterward, in February, 1874 The boats of
Troy line were put up Tor sale at THO Merchants
Exchange Salesroom, IN the CRY OF New York, nd by
preconcerted arrangement between the defendants
Vanderbilt attended the sao and bid in the boats
Tor $oo,ooo Tor himself and tho other defendants
and sucn OF the stockholders as should choose TO
unite with them Those who did not participate in
!he purchase received their proroto portion Of tho
$50, 900. The Francis Skiddy sunk in tho North
River In November, 1864 Until she sank both boats,
the Francis Skddy and tho G. Vanderbilt, were owned
and run as the .rroy Iire' by the defendants, who
owned them IN the Same proportions in which they
interested in The stock OF the New Jersey steam
Navigation Company. The q. Vandcrbilt was enrolled
IN the New York Custom House in the name OF tho
New Jersey Steam Navigation Company, and no bill OF
sale other instrument Of transfer was~nade by tho
company TO Vanderbilt, nor was any money or other
consideration paid by him to the company. There
no change OF possession or management; the
ings OF the boats were kept on deposit in
the OF tho "Froy line," before, and
the defendant, Drew, continued to act president
nf tho NCxv Npv ntiQnt no
&. Vanderbilt and the iourths of the Francis Skddy
worth, in September, 1864, over ono hundred
thousand dollars. THIS III addition to the l75
1870 per cont already received by the defendants
their stock Alter the loss OF the Skddy the G. Van
dcrDt was transferred to the New Jersey steamboat
Company, and bill OF sale was executed TO IL in
March, 1863 in the name of the New Jersey Steam
Navigation Company by Daniel Drew as president.
The allegations IN the answer amount to general de-
NAL, main stress being laid tho dissolution OF tho
company In 1859. The case came up Tor argument
yesterday in Supreme Court, General Term, before
Judges DAVIS, Brady and Daniels Mr.. w. Allen But
Ter appeared for Mr.. Sturgs and ex-Judge Davis Tor
the company The Court took the papers at close
n he nFp