The New York herald., 1878-03-06
THE ERIE WAR.

MOTION TO CHANGE THE PLACE OF TRIAL IN
THE LANGLEY suIT-cHARGEs AGAINST TIE
COMPANY AND OTHERS.
Motion was mado in the Supreme Court, Kings
county. before Justice Pratt, yesterday, to change the
place OF trial In the matter OF the suit brought by De
witt C. Langley, stockholder against the Erie Rail
way Company Receiver Hugh j. Jewett, s. l.. NJ. Bar
low. Jay Gould and the Farmers Loan and Trust Com
pany, trustees. The motion made on behalf OF
the Defendants Barlow and the Eric Railway Company
TO change the venue IRON Orange county TO New York
county
ne baisMn alleges that = lew months prior to March
S's and SGnas's .a,s Sf s
!, ts % o. @ The % ana tina. to sa S4s hs
used IL OIcins ssiaa dirsess1: company
member ."s The person: ssssa .sssd tools:
sssS MAJ NJ and ssss '' 9eS
S% The Dix to Ss % IA % os and a " %
sss Hs INK rss sad +
ss
~snsea on behalf q the company Brlow acting counsel
s I'D sssSs: that ssa;Vs.sy
Gould; and & Tint, :rnadaisa. sst..%sn. wa. made
nsay iss sa
''s Or "a. Ss "
is @ ns Ss S. a 's T
na rni as.. Hs hs % % O sSs Ms @
osdsn. through the inaaaaeo o. yasow and that ,So
,"sn
tion would be made for !ecsiver they CON;
p''s Ass,ps' ~sS s'''s ;svss
n:. 70 Ispuaise or Sc. aside the ss
nss q to ea nm 70 account ~ any way Su. iraSdpsn,y
ss maze si.ss:iasi$
bond. a. q two and hal. per Per cent
Hasy then had contract with London firm to perform
s's service Tor ono half hal, pc. rec. cent t ..ov
A. SO Tar as the s.Im,'s0n wa; Intended to .rny the
nsysrsheicss tho coutrsct carried the
ss part OF wdS sss es@ Ia n"SS for s s
Tne plaintiff alleges that Basiow has prevented any acen
~ nsm lhe plaintiff alleges that tho company has
Sss: or pIs.id.ns o. n. ,is lilesst iraada
Ss
tho and Of Ja 6d
ssmsas Va. effected By which n. Eric PAID large sum
n.rsw when director q n. Erie procured assisted
'is''s ssaeas s~'s paid 'psa'% :.ss Ss
I e 5 s TO s.ns aud ." % ssmed ssa BOO
svsn that Barlow had procured some interest In tho
ERIK CAPITAL sroek. -
The pair.n ALLEGES that the capital stock OF the Erie
Of o. the
a. % ssas ,ses
S the soes sSed any
The gross ssTnpss for year; DS1 TO
expenses and losses and in mo one Of said years had
xs;ss
rectcrs, AMI Harlow among them, passed resolution al;
ing over 81 800 900 which dividend, paid r.in.
bonds Of company and not out
| &. 6
resolution for speculative purposes 50 that ns
%%sh % Ss sGn .sS
II: S the .a e tina.
low director and counsel railway, eompany
and
s linn ~ M =
" ssas: the articles
the s
si,;s;o. ..s !.
that 1878 Erie company issued 10000 convertible
a s and
% ~. on 1s sa IN $ @
h.. OF the directors did n2s voto 'herson
| THE coNvERrisLk BONDS
IN Is.4 - int.nss al ~ .ne no
mortgage secure the payment OF the convertible bonds
paysloyooo on each bond aud seven per cent. gold
Soun wSeS tho Swsy s%s
published OF tho intention to create his ana
direct Violation ossa.iys act. snS ,ne articles Of n,
| Barlow, who advised and procured Tbs
PisntiG further says that in 1875 through Barlow ia,
Gould and latter % as receiver 81 the
popes.y
rchacc It's valuable franchise and property
sonesssd and the reevs1 from iiaeiy a"'
the sockhoder: and creditors might bs deirauded
ssss ss ns ,, 1 G ssh ,s s
Gould, barlow ana Jews.t commenccd an action fore
the :s. az sePosss sssi
closure and sale was entered ana tina, The safe has
Court that by this means the scheme 90 prevent tue
ns M anS s
aside and that he be directed pa,
:. special Tsssvs 10 90 appointed "a in % ss' action S
BY the company; ,n.. Barlow Ds also REQUIRE, T,uds,
s'saS the .4mo rsssso1 l7So such sums .,
sno- r"s, s and
from selling under foreclosure and that said dc
receiver q tie Erie Rsway Company be appointed.
that the plaintiff have such relief rs may be just
| Tho Erie Railway In answer admits the salaric,
OF the officers, and that Gould was indebted In
| tain sum, Which compounded and adjusted, &c.
and denies all other allegations An injunction is II
| operation restraining tho sale under foreclosure.
Judge Pratt reserved hts decision the motion Il
change the place OF trial. l.. W. Emerson appeare,
Tor the plaintiff, and sb,pman, Barlow and Larocqu,
| for defendant
ANTI-TAMMANY.