Ramsey agt. the Erie Railroad Co. It seems also, that it is a good ground for vacating an injunction. granted ex parte, where it is believed that the plaintiff or his attorneys, or some person interested for him, have caused an improper interference of the press in the case, to aid the plaintiff and prejudice the defendants with the courts. Broome Special Term, 1869. Argued December 21, 1869. Decided December 25, 1869. MOTION by defendants for an order vacating an injunction and orders granted by a justice of this court, without pre vious notice to the defendants, at a special term of this court, at Delhi, in the county of Delaware, on the 23d day of November, 1869. The plaintiff states in his complaint: That he is a creditor of the Erie Railway Company, hereinafter menționed, and the owner and holder of a past due claim for money, against and legally payable by said company; that he is the owner of several $1,000 bonds, duly made and issued by said company, and known as "Buffalo branch of the Erie Railway Company bonds," of which large numbers are outstanding in the hands of numerous holders; and is also the owner of several bonds, duly made and issued by said company, known as its "Sterling Bonds," of which bonds there are thus made and issued and outstanding in the hands of very numerous holders, about ten thousand in number, of the par value of about $5,000,000 in all, said sterling bonds being of the denomination of $500, (or £100 sterling each). And said sterling bonds are especially imperilled, and the payment of interest on the same is made precarious by reason of the wrongful acts hereinafter mentioned; and is also the owner of several bonds hereinafter mentioned as fifth mortgage bonds, of which about one thousand are outstanding, of the denomination of $1,000 each, in the hands of numerous holders, and said bonds have their market value greatly impaired, and the future payment of interest thereon made uncertain by reason of said wrongful acts; and is also the owner of several shares of the "preferred" capital stock of Ramsey agt. the Erie Railroad Co. said company, entitled to be standing in his name on the books of said company, and of the right to receive dividends thereon, of which entire stock, hereinafter referred to, there are numerous certificates for portions thereof outstanding in the hands of a very great number of owners and holders, and the past payment of dividends on said stock has been defeated, and the future earnings and payment of dividends on the same have been made, and are now, doubt ful, and the value of which has been impaired, by reason of said wrongful acts; and is also the owner of several shares. of the common capital stock of said company, so in like manner entitled to be standing in his name, of which stock there are also very numerous owners and holders, and the value of which has been greatly reduced, and the payment of dividends upon which has been made, for a long time at least, almost hopeless by said wrongful acts; and there are numerous other floating creditors of said company, most of whose claims are made less valuable by said acts, and the plaintiff brings this suit on his own behalf and on behalf of all others of the said stockholders and bondholders (so far as said stockholders are entitled to be heard herein), and on behalf of all creditors of said company who shall join in and become parties to this action, and contribute to the expense thereof. And for a cause of action against the defendants, the plaintiff on information and belief, further states the several grounds of action at large, comprising about 340 folios. Upon which complaint, and the affidavits of Ossian D. Ashley, Charles W. Douglass, Jackson S. Schultz, and the plaintiff, Joseph H. Ramsey, together with a letter of A. S. Diven, the three following orders were granted, on the same day-ex parte, to wit.: At a special term of the supreme court of the state of New York, held at the village of Delhi, in the county of Delaware, on the 23d day of November, 1869: Present,-Hon. WILLIAM MURRAY, Jr., Justice. Ramsey agt. the Erie Railway Co. SUPREME COURT, COUNTY OF DELAWARE. JOSEPH H. RAMSEY, against Plaintiff, JAY GOULD, JAMES FISK, Junior, FRED ERICK A. LANE, ABRAM GOULD, M. R. Defendants. On reading and filing the complaint herein, and the affidavits of Joseph H. Ramsey, Charles W. Douglas, Jackson S. Schultz and Ossian D. Ashley, and it thereby appearing to this court that money, property and claims of and in favor of the Erie Railway Company and its creditors are allowed by said company and its directors and officers, as set forth in the complaint, or otherwise, to be left with one or more of the defendants or other persons therein referred to, or not collected or properly cared for, and whereby the same are in peril of being lost, and it being uncertain to whom the same will belong when collected, Now, on motion of Mr. Henry Smith, of counsel for the plaintiff, it is ordered. (1.) That David Groesbeck, of the city of New York, be and he is hereby appointed special receiver of all said money, property and claims (and of the proceeds thereof), to be collected, realized, held and disposed of for the benefit of the Erie Railway Company or its creditors herein provided, or as the court may order herein; the said money, property and claims to include all sums which any defendant holds, owes or should pay, or is responsible for by reason of any wrongful act, abuse of trust, or omission of duty mentioned or referred to in the complaint, or which may or might be recovered or be adjudged in this or a like suit. Ramsey agt. the Erie Railway Co. (2.) That said special receiver be authorized to demand and receive all said money and property and the payment of all said claims; and that with the leave of the court in this suit, he be authorized to institute and maintain suits and proceedings in his name as special receiver in aid of the objects of this suit, for the collection and possession of any such claim, money or property; and that he may pay from the same his own proper expenses and disbursements for services and otherwise in this suit, in any such suit or proceedings, and in and about the discharge of his duty as special receiver. (3.) That said special receiver, by himself, and persons to be employed by him, make examination of the books, records, vouchers and papers of the Erie Railway Company, its directors and officers, and for such purpose have access to the same, and to its offices and apartments, and those it has occupied, so as to enable him to ascertain the facts as to the issue of its stock, the time, amount, price and particulars of the creation, conversion, issue and sale of bonds, and as to their proceeds, and as to the subject matter of his special receivership generally; that he make report to this court of the result of such examination; that the Erie Railway Company, its directors, officers and agents, allow and facilitate such examination; that its treasurer and other financial officers and agents, and its secretary and stock transfer agents give said special receiver all the aid and information in their power in respect of the subject of his examination. (4.) That said special receiver afford all information in his power, and aid as he may be able, in the proper prosecution of this suit, and be at liberty to apply to this court for directions from time to time in the discharge of his duty. (5.) That any moneys received by him as such special receiver (beyond any amount needed for his payments) be kept by him on deposit in suitable banks or trust companies, to his order as special receiver. Ramsey agt. the Erie Railway Co. (6.) That said special receiver execute his bond to the people of this state in the sum of one million of dollars, conditioned for the faithful performance of his duty as special receiver herein, with one or more sureties; said bond to be approved by a justice of this court, and to be filed in the office of the clerk of the county of Delaware. Secondly. And it further appearing to this court, that if the board of directors of the Erie Railway Company should omit to meet, or neglect to take charge of, and give necessary attention to its affairs, for the protection of its property, and the discharge of their functions; or if such number of the unsuspended directors should resign, or omit or refuse to attend meetings of the board, so that no quorum and legal action could be secured, that in either event the public interests would be seriously prejudiced, and said company and its creditors would suffer great loss. And it further appearing to this court that said company is in a perilous condition, and that there is imminent danger of some such event, and that upon the happening thereof, there should be a receiver of this court ready and competent, and whose right and duty it shall then be, to enter at once into possession of the property, and upon the exercise of the franchises of said company, with the powers hereinafter mentioned, but that said receiver should not demand such possession nor exercise such powers until the happening of any such event. Now, therefore, (subject to the limitations last aforesaid as to taking possession,) it is further ordered that a receiver be, and the said David Groesbeck is hereby appointed receiver of the Erie Railway Company, and of the railroad, real and personal property and estate and franchises of said company, and of all powers, rights, privilges and authority thereto appertaining, (except the franchise of being a corporation,) and of the rents, tolls and income of said corporation, and of its title deeds, leases, contracts and leased property, and of the rights thereunder, wherever any |