New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-09
LITIGATION ABOUT THE ROADS.


VARIOUS SUITS FOR VARIOUS oBJEcrs-EFFoRrs TO
BREAK THE MANHATTAN COMpANYs LEASE
ACTIONS NOW PENDING.
Justice DonOhue IN the Supreme Court, Cham
bers granted about months order authoriz-
Ing Hamilton Ward, the Attorney General to begin an
action against the Manhattan Railway Company
the appointment of a dissolution of
the corporation, the ground of its insolvency. When
the motion the appoint of Il
argument the Attorney General appeared in person in
support Of the motion and David Dudley Field opposi
ton
Justice Donohue, however, adjourned the argument
the statement to the Court made in behalf OF Roscoe
Conkng that he had been retained by the stockholders
Of the Manhattan Company defend their interests,
which would necessarily be affected by the notion
that he prevented by in Albany from
being present that day. A ton aiterward
made attorneys for the company have the
plant Of the Attorney General made definite
certain aud also motion to stay the proceedings the
motion for the appointment OF receiver. Justice Dono
hue declined motion for stay, and upon
application 10y Mr.. Bacon and Grosvenor Z. Lowcry
the General Term, order obtained
from Justice Brady staying the proceedings before
Justice Donohue for the appointment jas
tcc Brady on the following day caused order be
entered vacatng the order for granted himself
the ground that he had acted unadvisedly IL the
premises. An appeal then taken to the General
Teru from the decision OF Justice Donohue DENYING
stay. The General Term affirmed Justice Donohues
cision, but the motion for the appon receiver
mas never been argued Justice DOnOhGe not having
rendeied his decision the motion to reform the
plant. Thursday the Attorney @ General having
previously began action in the Third Judcia Dis
trct Tor the relief, applied Justice Cullen in
Chambers for leave to discontinue the suit this dis
trct, which yesterday granted The motion for
appointment Of receiver In the second suit will be
argued "a Kingston July Is.
In the meantime the Manhattan Company has become
involved in three other suits very seriously affecting ITS
existence The first suit brought by +. NJ Weller
AS a bOn0kOldPr O Met Poi
Company against this company and the Manhattan Com
pany, to restrain by Injunction the latter FROM paying
out Of the income profits OF the railways leased
by for purpose except that of meeting the running
expenses OF roads Judge Van Hocscn in the Court
OF Common Pleas. where the sut begun granted a
temporary injunction and order to show cause why it
should be made permanent and returnab.e on July G.
The immediate effect OF this order was to pre-
vent the Manhattan Company from paving To
.he Metropolitan Company the rental dividend due
July under the triparute lease Of 1879. similar
sut was Immediately thereafter begun I'm the Court OF
Common Pleas by George Lspenasse bondholder Of
the New York Elevated Railroad Company against the
New York and Manhattan Companies. IN which a like
temporary injunction and order TO snow cause
Fesrans the Savroent =" me N Y" g c eject OF
the July dividends. Both Mr. Weller and Mr. LispenSsse
plants, upon the alleged notorious insolvency of the
s rtner 70 dpsr anu pd o ana
With good faith toward the plaintiffs and nurously
which the Manhattan Company had made itself liable.
After these suits begun and he eiilrn
day OF the orders to show Messrs Dillon and
ewayne as attorneys for the New York Company, be-
gan third suit in the superior Court against the Man
haitian Company 10 have the lease of s79eclarcd for
feed ana to compel the delivery back the
Company of ali the railroads and property leased by
verified by Cyrus W Field and :hc breach
the terms OF the lease by the defendant
OF its hopeless Insolvency. Chief Judge Scdgwlck
granted an order to show cause, which was also
rcturnable July g.
Tue argument I'm the Weller Injunction suit was adj
lOurned July by consent until july 10. The suit the
Superior Court for the dissolution OF the Manhattan
Company also adjourned by consent. la the Les
adjournment and declared his belief that
been begun by collision order enable Manhat-
Tan company 10 get out OF paying the New York Com
Pany the July dividend II well known, he said,
Navarro, one OF the prominent the company
This declaration rs to COLLISION was followed in
the same day with an action begun against
hlr navarro and Mr. Lspenasse for collision
mons was served on Mr. Lispcnasse ON board the
Geainer as he was about to sail for Europe.
Larreinore, before whom the argume ut
granted adjournment until yesterday, itnsand
who had Just been substituted
Davies, Work. McNamee and Hilton, who found them
selves obliged 10 withdraw from the
further time in which 10 prepare his large
n Bangs and Aaron j. Vanderpocl embed Yesterday
morning before Judge LarremOrc, but after protractcd
Argument the conclusion was at length reached
would better suit the OF all persons
hearing In both the injunction suits stimuli
taneously Mr. Field Opposcdany adjournment except
OIL the condition that q referee be
tnony In the meantime In regard the collision
eAuse no charge whatever Of 'aisinn Appeared the