New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-19
BROOKLYN NEWS.
FLYNN NOT CAST DOWN.
THE DECISION AGAINST HIM REGARDED
ASA GOOD THING BY HIS COUNSEL.
JUSTICE vANN's OPINION. HE SAYS HAS A Dr.
RECT BEARING ON CASE NOW IN COURT.
IN WHICH THE TROLLEY LEASES
ARE ATTACKED

IN WHICH THE TkOLJEt hSHSh'
ARE ATTACKED.
In spite of the fact that the Court or Appeals &C
Albany yesterday handed down n decision In the
suit Of p IT, Flynn 10 invadate the lease OF the
Brooklyn City Railroad 10 the Brooklyn Heights
Railroad Affirming the decision Of the lower courts.
in which Mr.. Flynn was defeated. both no and his
LAWYER James c. Church. were feeling juoant
over the decision. They say that the case was de-
cided against them on the technical ground that
Mr. Flynn could not prove that he had asked the
directors OF the Brooklyn City Road TO begin sim
liar action and that they had refused 20 do So
This they expected. but the other hand. says
Mr. Church. Justice Vann. Of the Court OF APP
peals distinctly states in his opinion: We think
that under the allegations of the complaint before
us every fact bearing upon the intention or the
stockholders who approved the lease 10 defraud tho
minority stockholders could have properly been re-
ceived.'
1--WE now have before the courts another suit IN
which II is clearly shown that Mr. Flynn did make
n demand on the directors Of the Brooklyn City
Railroad to bring the suit and that they refused 10
do So This last suit was brought soon after the
Supreme Court decided against US In the early part
Of March 1896 In the time Mr.. Flynn had
made the reouiste demand on the directors Now.
as according TO the decision of the Court OF APP
meals they affirm the decision OF the lower courts
simply because Mr. Flynn had no proper cause OF
action not having made the demand on the direc-
tors already spoken Of and expressly state tnat
our allegations of fraud in the contamination OK
the lease may properly be received we Will not
only have our own allegations. but also the de-
cslon by the Court OF Appeals to assist US IN WIN
ming the suit which is now In court we VIII or'hs
this suit 10 trial at once and expect to ger IL on
the calendar by June"
When Mr. Church was asked what the erect
would be on the railroad situation II Mr. flynn
won his next suit against the Brooklyn Heisn's'
he replied: -,-,.- p..,S
why the whole scheme OF Brooklyn Eapiai
Transit will be a myth. However. 20 De 1air. 4 VIII
saw that in winning suit we Will nave ulaIfuuy
in getting the courts TO decide against conui.o
OF affairs already in existence. IL we WIN ts SUN
why we will be able TO win the suit for the an ,,
ment OF the lease Of the Nassau by tne broo ii
Heights as that lease was made on the saLi'1 Hies
as the lease OF the Brooklyn City Rairoaa'p
Mr. Flynns suit 10 annul the lease OF the pro 9oa
lyn City TO the Brooklyn Heights was oesun IN ~ ~
The lease had been made In 1893. AZ tnat uile .ns
Brooklyn Heights was owned by tne long is .tt
Traction Company which has since been succeeasi
bv the Brooklyn Rapid Transit Company M.
FLYNN declared that the lease was Improperly
made and was the result OF conspiracy on me
part of the officers of the Brooklyn CITY railroad
Company and Of the Long Island TRACTION Com.
nany Before he brought the action ne nad NOT
complied with the law which requires tnat stock-
holder cannot bring suit unless ne mas pre,
vio,Isy made a demand on the officials OF the road
70 begin a similar suit, and they have refused 10
accede to the demand. For this reason MI flynn
was defeated In the Supreem Court. IN tne Appel
late Division and now In the Court OF Appears.