Year: 1869

the the same ay y.s divided between the said McHenry
nra anu coTso.n directors or the said Atlantic and
1reat gre wsstern Railway Company, included among
to ,ls payment Of debts claimed by them to be due
u. themselves.


:. XIX. That as the plalntin is informed and be-
instance OF the said McHcnry and In concert with
majority q the said directors. has very recently
ment Of ssoo0oo account OF rent under the lease
aioresaid; and majority Of tho said directors
In paying the interest due ON the bonds secured
py norteage upon the property OF the said Atlantic
pirate the whole thereof Co other PURPOSE. and
threaten and intend II said payment Is not made,
to declare the forfeiture OF said lease and to repos
Great Western Railway Company, Of the property
leased by that company to the Erie Railway Com


XXX That the aforesaid lease is highly beneficial to
the Atlantic and Great Western Railway Company
and especially to the holders OF its bonds; that the
said company has no available railway connection
with any city or large town III this Stale except by
means OF The Erie Railway, and is entirely depend
traffic.


XXI. That as plaintiff Is informed ana believes the
capital and peculiar facilities TO earn from the use Of
the Atlantic and Great Western Railway q much
in any other manner, and the only possible chance
TOT securing to the holders OF tile mortgage bonds
81 the said Atlantic and Great Western Railway
Company the payment Of their interest, or OF any
considerable portion thereof, is by the maintenance
and fuliilment OF the said lease.


wherefore the paintln demands judgment:-1.
That the said Eric Railway Company be required to
appropriate oil money due or to become due from
1t TO the said Atlantic and Great Western Railway
Company, to the payment OF interest upon
the bonds secured by mortgage upon the pro-
perty Of the said Atlantic and Great Western Ran.
way Company, until such interest Is fully paid ard
satisfied; ana for this purpose be required TO pay
the moneys due or to become due from the said
Erie Railway Company to the said Atlantic and
Great Western Railway Company directly to persons
hodiEg overdue interest coupons. secured by mort
gage as Aforesaid LII the amounts to which they
may be respectively entiIled, and IN the order Of
their respective liens.


p That upon such payments being made the said
Atlantic and Great Western Railway Company, and
the uelendlntS above named as directors thereof
be required TO acknowledge satisfaction OF the debts
due TO that company from the Erie Railway Com
pany TO the extent OF such payments.


9. That the defendant, James McHenry, and the
SAID Atlantic and Great western Railway Company,
be required to account to this court for all moneys
for the account OF that company; and to pay ali
such money to receiver 70 be appointed by this
court TO be by him applied, under the direction OF
this court to the payment OF interest on bonds Sc
cured by mortgage as aforesaid.


4. That the Erie Railway Company be restrained
the other defendants above named any money, EVIL
dences Of debt securities. or property OF any kind,
said Erie Railway Company to the Atlantic
and Great Western Railway Company, or on
account Of any debt or obligation which the said
Erie Railway Company may now or hereafter owe
to the said Atlantic and Great Western Railway CON-
pany; ana from making such payment or delivery to
any corporation or person whatever, except under
the order OF this court to be made in this action.


.. That the defendants, the Atlantic and Great
attorneys. agents and servants and each and every
one Of the defendants above named as directors OF
the said company their and each Of their attorneys
junction from asking, demanding, collecting
osnv OF receiving v r.d irom the Ene Railway Com,
or servants or from any other corporation, person
or persons any money, evidences OF debt property,
rent OF the Atlantic and Great western Railway
aud s branches and leased lines, due or to become
the Erie Railway Company, dated the 7th day
OF december, 1865, or under any lease, agree.
pS 70 Ct wins sDs V Or fn
western Railway Company; and also from asking,
demanding. collecting or receiving any tolls, rev
any name or kind. for or in the name or on account
OF the SAID Atlantic and Great Western Railway
Company; and also from taking or attempting to
take possession OF any real personal properly be-
longing TO- or held IN trust for the said Atlantic and


s eny Way Win a s G
g. That the said Atlantic and Great Western Rail-
way Company, Its officers. cirectors attorneys,
PENDANTS above named directors OF the said CON-
pany their and eacn OF their attorneys agents and
ing. any forfeiture Of the lease made BY the
said company to the said Erie Railway Com.
Atlantic and Great western hallway Company
OF the rent due or to become due under the
saiu leaSe WINE sucn payment IS restrained by this
court as herein prayed. and from entering or at
tempting to enter upon any of the property covered
by the said lease under claim OF such forfeture and
also from commencing, maintaining or prosecuting
any suit, action or proceeding at law In equity,
for the purpose OF setting aside the said lease or any
other contract or instrument executed be-
tween the Atlantic and Great Western Railway Com
pany and the Erie Railway Company, or OF obtain.
ing possession Of the property held bv the said Erie
Railway Company under or by virtue of any such
lease contract, agreement or instrument account
OF the non-performance by the said Eric hallway
Company OF any act from the performance OF which
by injunction as aforesaid.


MILLER, PEET & OPDYKE


Plaintiffs Attorneys.