New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-29
HIS REQUEST NOT GRANTED.
CONTINUATION OF AN INJUNCTION DE-
MED JOHN w. MACkAI'
JUDGE BARRETT CALLS THE PRocEEplN" AN
EXTRAORDINARY ONE" AND PAPERS WILL

urpGE RARRFTT CALLS THE PROCEEDING IAN
EXTRAORDINARY ONE" AND PAPERS WILL
BE HANDED IN TOMORROW
What Judge Barrett called IAN extraordinary pro-
ceeding' was up IN the Supreme Court yes'eruaS'
when Joseph Larocque asked for the continuation
OF a preliminary injunction granted TO Jonh W.
Mackay. in which E. Stokes was restrained from
issuing an execution against Mackay for the col
lection Of judgment OF $4,000
Mr. Larocque said that he ready to pay the
judgment against his client soon as Stokes had
paid over ss5.NO OF bonds OF the United Lines
Telegraph Company which the Judgment was OBJ
tanned. He sad that Stokes insolvent that
he had afidavts prove II, and that therefore. II
the Judgment paid. his client would not be In
a position recover these bonds. which he sad
should be turned over.
Mr. Larocque also said that II these bonds were
not In the possession control OF Stokes, then
their value should be used a set-off against the
Judgment. There i65 OF these bonds. He then
read an affidavit from W E. ID. Stokes in which
the latter said that he was involved in litigation
with his cousin. that he knew his financial con-
dt.on. that he is wholly nsovent, and that judy
ment he had obtained against E. S. Stokes for $iO.-
0O0 which. however. was on appeal TO the Court OF
Appeals not paid.
Esek Cowen. who appeared for E. s Stokes. sta ted
that his client ready to deliver the bonds
which were in his possession as the judy
Of these bonds. He had given thirty OF them to
w. +. ID. Stokes collateral for loan, and
when the amount OF the loan rendered TO ".
f. D. Stokes he refused to accept or give up the
bonds and an action now on against ".
+. ID. Stokes for the conversion OF them The other
NIFTY. Mr. Cowen said. we're bought In by w. +. ID.
Stokes at the sale by the Madison Square Bank
and they had never been in the possession OF T.. S.
Stokes Mr. Cowen said that he had affidav!ts
to prove that the value OF the bonds now only
TWO cents on the dollar, and that II there any
Offset for these thirty II could be only 500.
Judge Barrett asked Mr. Larocque what value he
nliaI i'm,
he knew OF no market value for the bonds, but
fectng the title to certain property.
Judge Barrett said that this statement would
not do. He said: Before you can have such an
extraordinary remedy that OF restraining the
collection OF a judgment the issuance OF an
execution TO enforce Its payment, you must show
| the value OF the bonds In dollars and cents"
, MI Larocque then asked for time 10 answer the
afidavits In Mr.. Governs possession as TO the
value OF the bonds, and this strenuously op-
posed by Mr.. Cowen who said that he wanted no
further delay He went into the question Of the
alleged insolvency Of T.. 5. Stokes. He said that
Il was mere hearsay, and that that did prove
Insolvency. He said that there was merely the
afiidavit Of W; E. d: Stokes. who was known as
simply effort the part OF Mackay to evade
the payment OF a Judgment which has been ntl-
Judge Barrett finally decided that he would give
Mr. LarOcque until tomorrow to answer the af-
1daVts as TO the value Of the bonds. Papers will,
be handed in tomorrow. There will be no
further argument