New-York tribune., 1882-04-11
THE COURTS.
CHARGES AGAINST DIRECTORS
Nec- York, March %. 1882.

An action has been begun in the Superior
Court TO restrain several directors Of the Continental
Railway Company from performing certain improper
and fraudulent acts which t H. alleged they contemplate
doing A temporary injunction granted last
Friday by Judge Barrett, the order being returnabe TO-
day. The plaintiff ia the action Is William c. Kibbe Of
No wallst., who claims to 100 shares OF the
Company's capital stock. issued in 1874 The
company was organized many years ago 10
build q railroad from the Missouri River to
New-York, with extensions to Chicago and
St. Louis It's proposed route is direct air line that
dehes the most difficult engineering obstacles. but s
performance thus far has been only the grading Of de-
tached lines to the extent OF about 100 miles and the
partial grading of about 240 miles 1t Is claimed
that So, 100000 has been spent the work
The plaintiff alleges that @l,6ll,100 OF capital stock
issued prior to January l, 1874; and that subse
qucnty $4,000 was borrowed by the company from
Austin G. Day, OF No. 100 Broadway, and William Ia.
Smith, of Urbana ILL., members OF the Executive Com
mittee, Mr.. Day being treasurer and Mr.. Smith,
vice-president and acting president To secure
the loan the officers executed certificates for
$3OOO,00O Of stock to be held as collateral by
Day and Smith. Mr.. Kibbe asserts that this
lawfully issued, although it is claimed to
Kibbo alleges vote upon 1t at the next annual meet
ing of the company on April 49, The plaintiff next
charges that at a meeting Of the Executive Committee
In the last few days the members adopted resolution
to and change certain entries IN the companys
cash book so as transfer Mr. Day loan Of about
500 1000, made 10 the company many years ago by J,
Undertake Snead dead II IL also alleged that On
Thursday Messrs. Day and Smith iorcbly re-
moved from the possession OF the secretary, william
Thorpe the safe. books and papers Of the company
placing cOmbinaton0ck on the safe 10 Keep the
contents from Mr.. Thorpe The injunction was obtoined
on Friday prevent meeting OF the Executive Com
mittee from being held at II, Mr. klDDe alleges, the
members proposed rafy their Illegal and fraudulent
fraudulently dipossess legitimate stockholders
from their control of the company at the next annual
The members OF the Executive Committee accused Of
comphcy in the actions OF Messrs Day and smith
G.. c. Warrington and 5. d. COZzens The loan made by
Mr. Snead to the company without security Or
really was given by him TO Mr. Snead. The attorneys
for the plaintiff are Alexander 81 Smith, OF NO, l2o
Broadway.
SUMMING UP IN THE HINMANHARE CASE.
In the Hinman- Hare case yesterday the last
witness examined TO prove the correctness OF the
official report Of Mr. Humans testimony on bis Last
ecclesiastical trial. Mr.. Nash then made motion to
dismiss the complaint and spported 1t by an elaborate
argument The ground Of the motion was that Bishop
Hare's pamphlet written In reply to hbelous
attack made upon him by Mr. Hinman The pamphlet
was written In good faith and In selfdeence aud was
directed to the Bishops superiors IL was therefore,
Justified both as an act OF selfdefence and an act
done IN the discharge OF official duty. pamphl'
written under such and for such purposes
was in law privileged communication. In order,
therefore, Mr. Hinman to recover verdict for cam
ages he must show malice the part OF Bishop Hare
Dr Nash argued that Mr. Hinman had failed TO DO tllA
and hence there question to go to the jury MI
Smith opposed the motion, and maintained that MI lH'
man had produced a good deal Of evidence showing
malice and that the ought TO be submitted TO the
Jury Justice Van Worst denied the motion and Mr.
Nash then began his summing to the jury WHICH was
not iDished wnen the Court adjourned