New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-10-06
READING TO BE FORECLOSED
DECISION OF THE UNITED STATES COURT
MR.. GOwESs MOTION DENIED AND HIS PLEA
ovyRRULRD IN THE ROBINSON SUIT.
INV rrrEERAPu To THE rRrBUNE.1

OvgRRULED IN THE ROBINSON sUir'
rBr TELEGRAPH TO THE rRIBUNE.l
PHILADELPHIA, Oct. 5.-In the United States Cir
cult Court this morning before Judges Bradley and
McKennan, Mr. Gowen's motion asking tor the dis
nssa of Robinson suit upon the ground OF want OF
Jurisdiction was denied Richard L. Ashhurst mmedi-
ately asked the court that Austin Coroin, oil New
York be appointed the vacant place in the Reading
receive ,ership. Judge McKennan before proceeding
,urther cent for Judge Butler When that gentleman
arrived Mr. A.hhurs said that Mr. Corbn. who had re.
Gently been elected president Of the company was the
choice OF his cent an well Of the various creditors
of the road to fill the position Of receiver made vacant
by she death OF Edward w. Lewis ard to act IN con-
junction with Messrs. George de B. kem and
Stephen A. Caldwell, the present RECEIVERS. Mr.
Bulitt then stated tnat ir Coron would not ask Tor
any ,sation services William
c. Hannis counsel tor the Commiutee Of Reorganlza-
ton Trustees expressed his approval OF the choice
and Francis Lewis tr representing Mr. Parsons also
said that he was no IN any way opposed to the mo-
tion Judge Butler SAID that Judge Mckennan and
bimself had heretofore not wished TO make the ap-
pontment not desiring to add to the expenses of the
receiyershp hut the appointment could now be made.
The formal order appointing Mf Corbiu to The position.
TO enter his bond IN the sum Of Sloo.cOo and
WITH the understanding that he wac to receive no COM
nensation tor his services, was then drawn up and
placed on record
Tie suit OF William NJ Robinson, of New-York. tor
foreclosure of Reading continued to-day before
Judges Bradley. Butler and McKennan, IN the United
States Circuit Court Richard G Dale. counsel tor
Mr. robinson dwelt at leugth upon the evidcuce and
the law under which a decree is asked He was toll
lowed by Mr. Gowen who said that the suit could not
he broueht by the trustees under existing law and ad
,ittino that such suit could be brought 10 per cent
of the bondhoders had not made request OF toreclos
ure az il required bv the terms OF the mortgage
Hcent proof he said. had not been adducad showing
that such 10 per cent had made request on the
trustees and the admission CT the trustees
That tbe reoured amount hal sgned was not bindng
mon the railroad company that the general body Ut
bondhoder. did not desire foreclosure Out inani-
mousy wanted to save the property ana ne "as sur
nrsed that the other side were pressing Tor
IN view OF tnat tact 49, :, :, . =,
as the;r money and il they coud get II the amt won,d
drnp He intimated that II foreclosure wa decreed
thc court would certainly POSTPONE sale IRON time TO
time until arrangements would oe hade satiSidc-
tOrily Tor the parties In interest
In conclusion Mr.. GOwen said that the paper bearing
the sipnatures was made with the understanding that
il was 10 be used only to accomplish an amicaoie ore-
closure and tor no other purpose Out IL wa. Dehg
used Tor another purpose ana this was uicA WHICH, no
court OF equity would permit . MI,
Thomas art r also spoke for the defence When
Mr. Hart finished his ADDRESS Mr ia cioseu us
aroumen for the plaintiff after which Justce bradey
deI, vered the opinion OF the court tie overru'eh Mr
Cwon,s nea as to the invalidity OF the request as
made by holders OF one-tenth in amount OF tne gen
eraI mortgage bonds and held that the complainant
was entitled TO decree reference Will oe made 10
master TO ascertain the entire amount OF the oon-
y,s bonds now outstanding and counsel will prepare
= decrce nhich will be submitted to the court on
Thursday morning.