The New York herald., 1879-09-05
THE COURTS.
Suit Against the Western Union
Telegraph Company.
A LAWYERS SETTLEMENT.
Objections to Having His Stock
Attached by Piecemeal.


line extended from Louisville. KY. to New Orleans
WAS consolidated with the New Orleans and Ohio
Telegraph Company. the consolidated companies
thereafter being known the Southwestern Tele-
graph Company. In 1866 the company thus consol-
dated was leased to the Western Union Telegraph
Company. A suit to have this lease declared void
on the ground Of fraud has been begun
In tho Supreme Court by Mrs. Marcia b.
OReily.t and for injunction restraining
the Western Union Company from using
the leased lines. The came before Judge West
brook. in Supreme Court Chambers. yesterday, on
o motion to amend the summons. In her complaint
the plaintiff alleges that she was the owner Of 760
shares OF the stock Of tho Peoples telegraph Com
pany, and. that when the consolidation referred to
took place she was ignorant Of the fact, and conse
Qnently had no opportunity to express her acquies
cence or dissent in such consolidation. 1t is fur
ther set forth in the complaint on information and
belief that the defendants. Norwin Green
George L. Douglas and James ID: Reid, OBJ
tanned control Of the consolidated stock and subse
quently purchased at discoun, various claims
against the two companies, which Were consoli-
Dated but which claims they had not only neglected
against the liabilities they had assumed essees OF
the New Orleans and Ohio Telegraph Company; that
Green and Douglas acting for the Western Union Tel
tgrsph Company, obtained control of the American
Telegraph Company ana carried on negotiations
which resulted in the Western Union Company pur-
chasing control of the American and the Southwest
ern companies. She also claims that these
opposition to the interest of the stockholders
OF the consolidated companies and for their
own benefit. and that they are bound to account
to tho New Orleans and Ohio Telegraph Company for
the profits realized from these transactions. Tho
terms of all the transfers given in the complaint
substantially the same ground as Mrs. O'Reilly's
statements though more in detail embodied in affida-
band which also comprise portion Of the papers IN
the case. the substance OF which has already been
given in prior proceeengs in the urts in reference
to the subject matter forming the basis OF the
present complaint. The plaintiff demands Judgment
that she be declared the Of 760 shares OF stock
to receive her proportion OF the stock provided
for by the consolidation of this company
with the New Orleans and Ohio Telegraph Company;
that the lease to Green Douglas and others be sct
aside fraudulent: that receiver of the company
be appointed: that Douglas and Green be required
to account to such receiver for all the moneys
ceived by them under the lease stated. and for any
they may have received for the trans
the Western Union Telegraph Company be enjoined
from using the consolidated lines. The motion for
Judge Westbrook, thus completing the preliminary
basis for further prosecution OF the suit In the
courts. Z.
MOT WHOLLY SATISFACTORY. if
suit was begun yesterday in the Supreme Court
by Lawrence r. Jerome against Frank Work to re-
cover 500. 900 damages From the complaint it ap-
pears that In 1868 Mr.. Jerome. Frank Ayres and
John Tobin had claim against the Erie Railway
Company amounting to over 100000 and that Mr..
Work, who was then doing business a broker.
retained to bring action against the company
in his own name for the recovery OF the same. Mr..
Work did bring action but before the to
trial It was as alleged compromised by Mr.. Richard
Schsll on behalf OF the company. he paying. as
stated, the amount OF the claim in full. 1t is
further alleged that Mr. Work has failed to
to Mr.. Jerome for the amount recovered. This
action will undoubtedly rake up some of the old
transactions OF the Erie Railway under the regime of
Jim Fisk Jr. and Jay Gould. 1t will be remembered
that some ago Mr. Jerome applied through his
counsel. to Judge Lawrence for order to examine
Mr.. Richard Schen in relation to the transactions
had between Schell, behalf Of the Erie Railway
and Mr. Work In regard to the claim Of the plaintiff
III this action. The issues will doubtless be tried
next month. Messrs. Ambrose IL. Purdy and Ed
ward F. O'Dwyer appear for plaintiff and Messrs.
Davies Work for defendant.
RESISTING FEDERAL OFFICER.
J.Js Quitting. drug dealer. arrested yester-
day afternoon complaint of Special Agent Nevin.
who charged that the accused resisted him in tho
discharge Of his duty. 1t is claimed by Mr.. Nevin
that he went to the store of Mr.. Quitting to seize
certain articles but was compelled to desst by the
latter The arrest was made by Deputy United
States Marshals Jeferys and Holmes. and bail was
Quitting states that Officer Nevin exhibited no
authority to make any seizure in his place: that he
had every to resist and that he certainly had
without authority another could. and An entire
stock would soon be exhausted.
MISCALCULATION NOT sUSURY.
Tho Bank Of tho Metropolis sued Cyrus II. Chat
field in the Marine Court drawer Of bank check
for $1.720. The defence usury; that the payee
reserved S13 the interest for twenty three days.