part thereof, and that the plaintiff may have such other relief or such further relief as may be just and agreeable to equity, besides his costs of action. BROWN, HALL & VANDERPOEL, Plaintiff's Attorneys. (No. 73.) For the dissolution of an insolvent banking corporation. Title of the Cause. The plaintiff in this action, Charles A. Rapallo, in his own proper person, complains against the defendants, the Mechanics' Banking Association, and says, that the said defendants are a corporation or association having banking powers, and organized under the act of the Legislature of the State of New-York, entitled "An act to authorize the business of banking," passed April 18, 1838, and established and doing business in the city of New-York. And the plaintiff says, that he has heretofore kept account with said defendants, and deposited money with them and drawn for the same by his checks, and that on the 1st day of September, A. D. 1857, he had on deposit with the said defendants, over and above all claims and demands thereon, upwards of $100,000. And the plaintiff further saith, that on the 1st day of September, 1857, he drew his check in the words and figures following, viz.: MECHANICS' BANKING ASSOCIATION: New-York, Sept. 1, 1857. Pay C. A. Rapallo or bearer one thousand dollars ($1,000). CHARLES A. RAPALLO. That on the same day he presented said check for payment to both the president and cashier of the said association, who severally refused to pay the same; and the plaintiff further saith, that he has been informed and believes that the said defendants have suspended payment, and ceased to exercise their ordinary business, and are unable to pay, and are insolvent, and have violated the provisions of the act under which they were organized. The plaintiff, therefore, prays that the said defendants may be dissolved according to law, and their effects appropriated to pay their debts, and that an injunction may issue restraining the defendant from exercising any of its corporate rights, privileges or franchises, and from collecting and receiving any debts or demands, and from paying out, or in any way transferring or delivering to any person, any of the moneys, property or effects of such corporation until such court shall otherwise order, with a view to a final dissolution of said corporation, and settlement of its affairs according to right and equity, or that the plaintiff may have such other or further relief as may be meet in the premises. CHARLES A. RAPALLO, Plaintiff's Attorney, in person. (No. 74.) By Attorney-General against a company assuming to exercise corporate powers.1 SUPREME COURT-CITY AND COUNTY OF NEW-YORK. The People of the State of New-York, by their Attorney-General, agt. James Bowen, James F. Freeborn, William The People of the State of New-York, by Ogden Hoffman, their Attorney-General, complain of the abovenamed defendants, and show to this court: First. That the abovenamed defendants have associated themselves together under the designation and name of "The Metropolitan Gas Light Company of the City of New-York," unlawfully claiming to be a corporation, and by the name aforesaid are unlawfully acting as such pretended corporation, and have, without right or authority, usurped the franchise or privilege of a corporation within the city and county aforesaid. Second. That the said defendants give out and pretend that they have become and are duly incorporated, under and in pursuance of an act of the Legislature of the State of New-York, entitled, "An act to incorporate the Metropolitan Gas Light Company of the City of New-York," passed April 17th, 1855; whereas these plaintiffs aver, as they are advised and believe, that the said act of legislature is unconstitutional and void, and that the said defendants See sections 430, 432, code. have taken, and could take, no right, privilege or franchise in virtue of the provisions thereof.' Third. These plaintiffs aver and charge, as they are advised and believe, that the said act was passed with the view and for the purpose of enabling the said defendants, and such persons as might become associated with them, under the name and pretended right of a corporation, to acquire a monopoly or exclusive right to manufacture and sell gas for lighting within the city and county aforesaid. Fourth. That, for upwards of twenty years past, divers persons and corporations have been engaged in the business of manufacturing and selling gas for lighting streets, squares, buildings and other premises in said city, and elsewhere within this state. That said business has become greatly extended, and large investments of capital have been made, and are still making in the same, owing to the large and increasing demand for illuminating gas for the purposes aforesaid. That said business is one of great profit and advantage, not only to those engaged therein, but to the citizens and inhabitants of the said city, and of other cities and villages within this state, requiring and using the said illuminating gas for the purposes aforesaid. That said business of manufacturing and selling gas is, and ought of common right to be, free to all who may choose to engage therein, for the common benefit and profit of the citizens of this state, and that the same cannot, under the constitution of this state, be conferred as an exclusive privilege on any persons or incorporations whatsoever. Fifth. That said business is most advantageously prosecuted in densely populated cities and large villages, where great numbers of persons may be supplied within a contiguous district. That such supplies of illuminating gas The parts of the complaint in italic, it will be observed, are averments of mere legal conclusions, and are therefore superfluous. are and have been usually conducted by pipes or mains laid under ground through and along the streets and highways intersecting such cities or villages, and without being so conducted along said streets and highways said business cannot be profitably or advantageously carried on. That divers persons and corporations have, within the city and county aforesaid, and in divers other cities and villages in this state, applied for, and from time to time obtained from the corporate authorities thereof, the right and privilege of laying their said pipes or mains for conducting their said illuminating gas in and along such streets and highways. That three incorporated companies have obtained such privilege within the city of New-York aforesaid, and two of such companies, under such authority, have for many years exercised and used the said right and privilege, and have been for many years, and still are, conducting the said business of manufacturing and distributing gas for lighting. Sixth. That the only power or privilege sought to be conferred on the said defendants by the act last aforesaid, not capable of being enjoyed under the provisions of the general act entitled "An act to authorize the formation of gas light companies," passed February 6th, 1848, is that of the right to obtain from the two boards of the common council of said city of New-York an exclusive use of the streets, highways and squares within said city, for the purpose of laying their pipes or mains for conducting their said gas in said city, whereby the said companies now using the said streets, highways and squares, for the purpose of conducting their gas as aforesaid, will be deprived of and excluded from the right they now enjoy in the same, and all persons and corporations whatsoever would be excluded from carrying on the said business in competition with said defendants. |