New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-05
TIE COURTS.
A NEW ELEVATED RAILWAY SUIT.

The Attorney General yesterday began q SUIT
in the Supreme in Monroe County In tho name OF
the People of the State OF NewYork on the relation of
Sylvester II. Kueeland. Franklin j. Sawyer and Thomas
Leighton, against Russell Sage, jay Could Washington
L. Conner. Samuel Sloan. Sidney Dillon, Jose I.
De Navano. Grenville H. Dodge, Cyrus w. Field the
Metropolitan Elevated Railway Company, Charles Nleh-
buhr and John Slocum. The action is brought to nave
the defendants other than the company removed rom
their Offices OF directors Of the company for alleged ms
conduct and breach OF trust that the Court viii order
and hold under its supervision new election; that the
individual defendants other than Messrs Niebuhr ana
slocum be restrained from voting at the election as
stockholders proxies, and that receiver Oh Vne
Metropolitan Company be appointed
The various proceedings of the company's directors
and the agreements made with the other elevated rail
road companies set out at length II charged la
Sidney Dillon Samuel Sloan, Russell Sage and GrenVlHe
NJ Dodge intimately connected with jay Goulu III
many business enterprises that each was largely under
the influence OF Mr. Could and incapable OF srenuouSy
opposing his wishes and interests that they were made
directors al the election Of July 1881 at mr. GOulds re-
quest and that in making the OF OCTOBER ana
November 1881. they acted under his influence ana ac
cordug to his wishes, aud not as their judgments
directed to be the proper course The action OF March
1882, when the directors of the Manhattan Company
passed a resolution declaring a dividend upon Manhat-
first and second preferred stock is also get forth 1t
is further charged that the object OF this resolution ~
force the stockholders OF the Ncw-York and Metro
poliau companies who have not surrendered and con-
verted stock under the agreement of November H.
1881 to do by depriving them OF any dividends on
thel. stock they dc surrender and convert IT,
and hat lis effect is TO deprive stockholders refus
ing 30 70 surrender OF anJ part OF the dFaehu 30 NC
clered.
The complaint then rcctcs the resolution OF June z,
1897 M % the payment Of "a dividend 10 the STOCK
holders OF rec RI OF the Metropolitan Company. Inc
directors refused make the transfer aS 10 MAKE
owners OF stock khOdcTs Of record unless me STOCK
holders desiring transfer would surrender the ceItn-
Gates issued by the metropolitan Company uuGer the
ripartite agreement ara tne lease OF May 20 1913 lhe
REALTORS refused 20 deliver up such certificates On the
ground thai they would thus destroy TIER rg 10 con
nup their opposition the agreements or October an0
November IS2 This refusal the part OF IN" directors
TO allow the transfers he made is decarcd'io he cor
rnpt and fraudulent Similar allt cations are MADE win
rc gard TO the dividends declared III september, 1852
Tue plsn fur her charge that at thc coming election
ana sOcknOdeTS meeting of the Metropolitan Company
l. pendants, directors OF the company, IN
lend to insist tuat the second Manhattan stock shall
be allowed vote for directors o the metropolitan Com
pany. Under tances Ia Is ale Ecd that less
than 10000 of stock viii control the eccuOn and
the defendant directors will themselves OF perSJL-
subservent 10 themselves, TO De elected Tor the coming
year The complaint charge mat cue acts OF TIE
directors cOmpnC1 Of constitute breaches of trust on
tue part of eaC Individual uecu0aHt. The tcpara acts
of the different 0cfeGGaD's winch are alleged 10 ne
breaches o. trust Jhcu set forth.
IN. complains covers. escuslve OF the exhibits ana
agreements. about MY pages OF plinCI mater. No
other attorney appears he record except Att fney
General Russ H. All papers. 10" he STATE are 10
DC served at the office " Hessrs. ba4IoW ~ O4hCJ'