The sun., 1884-02-10
PRICE THREE CENTS.
COL. FRENCn'S PETITION.
TIE NEW FORK AMI NEW ENGLAND
RAILROAD L1AIN IN COURT
A Motion ~ Dsss"ive sh~ Reecivershlp A..
Rued B-f"rc Judge shipmnn ~ Nnrsrord:
Tha llenrlnG Adlnnrned To- Erh. Ia.

EWed Before Judge shipmnn ~ Hartford
The hiearinH Aaj"r-ned 4" Feb. Is.
HARTFORD. Fob. 9-The United States
Court opensi this morning at ~ o'clock. judge
Shinman m thu bench. The business before
tho court was the petition of Col French OF
Bs,on for the dissolution Of tho rocciverahip OF
the New York and New England Railroad Com
pany ordered by Judl" Shipman on Jan. l.
The petitioner. Jonas II. French represents
thnt he Is owner and holder OF certain shares
Of capital stock OF tho com pany and OF flrst and
second mort gage bonds to IN amount not OK.
ceetling $500. 900 In value. and is also director
OF the company. He also rerrcsents that tho
application ~ Mr.. Brassy for tho appointment
Of u receiver Of tho company was unnecessary,
and ought not to have been granted at the time
and in the manner and under the circum-
stances under which the appointment was
mado. Ho holds that the petitioner and other
persons similarly situated In relation TO the
property OF the road wero entitled to o reasonn-
bic notice of such application. and ought to have
been allowed nn opportunity to have boen hoard
and to have had tho aid of counsel He holds
that Mr.. Brassy in his bill does not show legal
ground for the appointment Of a receiver: that
thsre was no sufficient occasion or emergency
existing In the affairs Of the company on Jan.
1. nor has any since existed. to warrant the
application for the appointment OF receiver.
Col. French asks the Court to set aside the
decree OF Jan. 1. dissolve tho receivorship, dis
charge tho receiver. and return the property
OF the company 70 the custody and possession
Of its proper officers. But II in the opinion OF
the Court necessity exists for the appoint
ment OF a receiver. the petitioner asks that
some person other than Charles 7. Clark be
appointed; or. In the event that Mr.. Clark is
company be appointed TO act with him.
The first move sttcr if the opening Of tho court
q ass sse drses
FsTsa 5essu a" h sar s
to become defendants. being holders OF the
c to 9 hyde s%oqn n ns
opening, address. said that. aside from few
aa sS e
h G ss ths the sss
suited in Charles P. Glark's apnoiniment a.
receiver; WAS has.y: and WITHOUT vi Just
Ss,Faetea y his ei,sn.s 70 rsanest i thai I judge
WY s she rsSeiysrshIn , sSosIa b set as!Ss. 81
have appointed a receiver had io been in pos
Nj sSss ss e fs sS @ ss IN
biiI 6ad been iIled With the clerk without an
Mr.. Hyde said that in all his legal experience
he had never witnessed so much trieEery and
that the supplemental bill be stricken from
Judge shipman denied this motion.
Mr.. Baldwin moved that tho bill bo filed. and
the motion WAS granted.
certain second mortgage bondholders TO be-
come col 70, jSint defendants With Col French eoan.
es e M Rd Sho ns
Wit to A. and II was then signed by Col. French.
Chairman Of tho Hallway Committee of the
tho doyernor ,oi Massach!,setts and The Al.
tIG mot ion 10 vnsa,c the receivership. '' '"'''
Mr.. baldwin then rend telegram from the
asrsar He ,ben asked shnt TT the % mosion i'a and
.Mr. Hyde-.Yonr monor. this seems to be n case
ofsnrprises. md can I mink. ayscll understood
baldwin t until this ioren"on. s bnt t has has gen. en-
an y interests Ssrp 81 al should that o the
injured. that nothing SHOULD be done to
G sS sSo rss o tho
only way nj p the dlirieui!y was to apply to
eertsin second mortgage bon,@is @ and rro,srrsd
stock. and Il was m tuay agreed that nothing
% All That TIM s. Col Trene h'ts ssrss 9 'hs l.
that in order to better protect his interests he
be made party. togcthhr with others to have
| the receiverahip vn"atrd.
Judge Shipmnn-l think. then. that II would
be bost. Mr.. Hyde, you would make your APP
plication md atidRvtts mora carefully.
Mr., Hyde acluiesced. and said thai he would
withdraw his application and would submit
Of tho Bank Of Commerce OF Bos ton agreed a
| tho meeting of the directors OF the road. held
| on Jan. 81. TO take all the outstanding second
mortgage bonds and hold thom for six mODths
| so Tint tho rond might make an effort to yet on
It's feet again. and that the coupons would be
h9 mnde u formal motion Withdrawing his ap-
plication IN order to fio. another. but hoped
that be was prejudicing his clients interests.
10 me hearing was assigned for Monday, Feb:
afidavts shall be made TO the petition and
supplemental bill by Thursday. and counter
| ahidavts by Saturday.