New-York tribune., 1896-12-08
BITS OF LEGAL INTELLIGENCE.

Tho trial Of suit brought by J. Hirschhed
against all the stockholders of the Madison Square
Bank and the receivers Of the bank. Miles NJ.
o Brien and James G. Cannon. to compel the stock
holders to pay deficiency OF 30 per cent on their
stock, begun yesterday before Justice Slower
In the Supreme Court. The receivers have paid 80
cents the dollar all the debts of the defunct
bank and the present suit Is TO compel the stock
holders to make up the remaining so cents Hirsch.
5000 Some Of the defendants aIiege that they
have disposed Of their stock others that they never
owned any stock and others enter a general de-
NAL. A motion to dismiss the suit on technical
grounds denied and the hearing was adjourned
until to-day.
Justice Smyth In the Supreme Court. yesterday
denied an application made by Fred Taral for a
mandamus directing Deputy Commissioner Hilliard
to Issue to Tara duplicate Of the lquor-tax GER
tacate Issued to him on May e. Taral alleged that
the certificate, while displayed in the window OF
his hotel in Unionport, month ago, as required
missioner of Excise to issue to him new certif-
cate so that he could continue the business but
his request was refused.
General Wager Swayne appeared before judge
Wallace In the United States Circuit Court yes
terday as counsel for the mortgage bondholders
committee Of the Ogdensburg and Champlain Rail-
road and asked that Charles Parsons be appointed
as a separate receiver for the corporation 1t was
said that foreclosure proceedings could be taken at
any time. and the leaseholders would have no right
to interfere The railroad was included in a suit
brought by the Grand Trunk Railroad or Canada
against the Vermont Central Railroad and others.
and the Vermont courts recently appointed recefv-
ers for all the property involved. The appointment
OF Mr. Parsons receiver Is urged In order TO take
the Ogdensburg and Champlain Railroad out OF the
hands of the Vermont receivers. Judge Wallace
directed counsel hand In tho papers within three
days.
The return OF order 10 show cause obtained sew
era days ago by the Metropolitan Street Railway
Company against the Third Avenue Railroad Com
pany and Controller Fitch, In which the plainiin
seeks injunction TO restrain the company from
building the Kingsbridge Road line and 10 set aside
the franchise granted by the Controller came up be-
Justice Truax, in the Supreme Court, yesterday
Elihr Root for the Metropolitan Company. argued
that the Board OF Aldermen had not the power 70
give It's consent TO the granting OF franchise FOR
number OF branches be built unless each one was
offered separately for sale at public auction ana not
"A group in this because no one could DuId
one without shJudering the obligation to run all OF
them. by the way in which the franchise was
awarded the matter fixed In such shape by the
Board Of Aldermen that the Third Avenue road had
what was called in the West IAN everlasting cinch
on tho whole matter. Mr.. Lauterbach. on behalf OF
the Third Avenue road said 1t had spent 100000 In
putting Itself in position 10 build the road. and pro-
tested against the application for an injunction
Justice T'ruax reserved decision. The Metropolitan
Company yesterday secured from Justice Pryor an
Injunction forbiiding the Third Avenue Company
from beginning the building OF the road until their
suit against the company was decided