New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-02
NEW SHIP TRUST MOVE.
W4NTS OWNERSHIP FINED
Mercantile Company Would Undo
act of Former attorneys.

Another feature OF the United States shipbuiIding
litigation. developed yesterday when argument was
heard by Justice Scott in Special Term Part 7.
Of the Supreme Court. on the return TO order
issued by Justice Fitzgerald on November 2s. d.
rActing Baron Pierre Calvet-Rogniat. Of Paris,
France: the Commonwealth Trust COMPANY FOR
rnerly the Trust Company OF the Republic; John
W Young. Jesse Myers and Mitchell H. E-langer.
as Sheriff OF New-Tork County, to show cause why
the Mercantile Trust Company. the plaintiff in the
action should not be permitted 20 deposit in court
the sum OF So 151 and interest
This money is now in the hands OF the Mercantile
Trust Company and IS claimed by each OF the
defendants In the moving papers the Mercantile
Trust Company. through Baiubridge Colby, its
attorney. set forth that Baron Calvet- Rogniat.
about August u, 1903, began action fin the
Supreme Court 70 recover s24 Isl which he alleged
had been RENTED to the Mercantile Trust Com
pany by Morgan, Harjes & Co. OF Paris, and J. p.
Morgan & Co. for him and for his account: that
about January % 1903. the Trust Company OF the
Republic made a demand on the Mercantile Trust
Company for this sum- claiming IL as a partial
pavuent on account OF Calvet- Rogniat's subscrip-
ton as an underwater TO the United States Ship
building Companys bonds, and that suit has been
brought by the Commonwealth Trust Company 70
,orce ravrnent OF this claim; that about Septem-
b.r % 1876 John ". Young demanded that the
s94 151 he paid to him, under alleged assignment
from -Rogniat. and that about April %, 1901
sheriff Granger served on the Mercantile Trust
4 q
brought by Jesse Myers against CaIvet-itogniar.
attaching such property OF the latter as might be
in the trust company's hands
The Mercantile Trust Company denies that II is IN
COLLISION with any o: the defendants lt admits
that the s24l5I Is due OF the defendants but
Is unwilling 20 take the risk OF deciding 10 which
one the money should be paid
The plaintiff therefore asks that il be allowed 10
deposit the money with the court. that injunc-
ton pendente lite be issued restraining the de
PENDANTS from taking further legal steps until anal
Judgment in the present action. and that the de
PENDANTS be ordered 10 lnterplead among them
selves tG determine their respective rights 10 ire
held Dy the plaintiff.
A. the hearing yesterday Charles Z. Hughes, Of
rust GSmpany Paul F1Iier Of Couderr BrShers
represented Baron Calvet- Rogntat and ez-Judge
James appeared for John W Young
Argument was heard on the motions referred 10
above. and also on motion for cancellation OF a
the former attorneys Of the Mercantile Trust Com
pany. and Coudert Brothers, Ca!vet-Rognla' al
Nj Hughes said that the reason the cancellation
OF the stipulation was asked for was that II gave
pany. and that when CalVet- RCgIlat's case came
before Hamilton Odel as referee. he held that this
Rognat II was denied. counsel said. that Calvct-
Rognat was entitled TO the money. which others
tice, and would injure nobody, 20 permit the de
posting Of the money IN court SO t-at u coGld 20
was entered into bv Aiexqnder & Green tn former
attorneys for the trust comp any and Alexander *
Colby. the present attorneys. at once objected 70
when they ascertained the full force and eject OF
Nj Fuller objected TO The cauceua,i@a CT the
stipulation. and said the papers in t1v case would
with the company by j P. MORGAN & 20. - New
Yorw. renttted 10 that company by Ao-SS- HarJes
Justice Scott took tho pape-s