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First. That the Accessory Transit Company, previous to the decree of dissolution hereinafter mentioned, was a corporation created by the government of the State of Nicaraugua, and a copy of the charter of the said company is hereto annexed, marked A.

Second. That, up to the time of the said decree of dissolution, the said corporation kept an office within the city of New-York, for the transaction of its business, and its directors and officers at that time were all residents of the said city.

Third. That on the 18th day of February, 1836, the government of the said State of Nicaraugua made and published a decree, of which a copy is hereto annexed, marked B, dissolving the said corporation.

Fourth. That at the time of the said decree, Cornelius Vanderbilt was the president of the said company, and one of its directors; Thomas Lord was the vice-president of the said company, and another of its directors; and Joseph L. White, Joseph Ogden, James M. Cross, Chauncy St. John, George A. Hoyt and William G. Lord were the other directors of the said company, all of whom then resided, and now reside, in the city of New-York.

Fifth. That, notwithstanding the said dissolution, the then directors of the said company proceeded as if the said company was not dissolved; held a new election for directors on or about the 5th day of May, 1856, when Frank Work, William Whitewright, Jr., Chauncy St. John, Joseph L. White, Richard Schell and Peleg Hall were elected directors of the said company, and Cornelius Vanderbilt was elected president.

holders. And it is not necessary that all of the associates should unite in a bill for that purpose. (Mann v. Butler and others, 2 Barb. Ch. R., 362.)

Sixth. That the said Joseph L. White and Richard Schell resigned as such directors, and Daniel B. Allen was chosen director, as plaintiff is informed and believes.

Seventh. That the said Cornelius Vanderbilt has, ever since the said dissolution, acted as president of the said company; and, since the election and choice last aforesaid, the said Frank Work, William Whitewright, Jr., Chauncy St. John, Daniel B. Allen and Peleg Hall have acted as directors of the said company; and that the said Joseph L. White, Joseph Ogden and William G. Lord delivered over the property of the said company in their hands to the said new directors.

Eighth. That the said Vanderbilt, Work, Whitewright, St. John, Allen and Hall have possessed themselves of a large amount of property of the said company, and are using the same without regard to the said decree of dissolution or the rights of the stockholders consequent thereon.

Ninth. That the said Vanderbilt had, at the time of the said dissolution, and still has in his possession or under his control, a large amount of the property of the said company.

Tenth. That by an agreement heretofore made between the said company and a certain other corporation, known as the Pacific Mail Steamship Company, the latter company agreed to pay to the said Accessory Transit Company $40,000 a month for a period not yet elapsed, and that the said sum has been paid and received by the said Vanderbilt, as the agent of the said Accessory Transit Company, as the plaintiff is informed and believes.

Eleventh. That the defendants, Charles Morgan and Geo. A. Hoyt, have in their possession two steamers called the Northern Light and Star of the West, belonging to the said company.

Twelfth. That the said Vanderbilt, Morgan, Hoyt, Work, Whitewright, St. John, Allen and Hall have in their possession or under their control all the property of the said company.

Thirteenth. That the plaintiff was, at the time of the said decree of dissolution, a stockholder of the said company, then owning two hundred shares of the stock of the said company in his own right, the par value of each share being $100; and that he is now, and has ever since been, such holder on the books of said company.

Wherefore the plaintiff demands judgment, that the said company be declared to be dissolved; that a receiver of all the property of said company be appointed; that the said defendants, and each of them, be enjoined from parting with, or disposing of, any of the property or effects of the said company; that the said Vanderbilt, and all the other defendants, be ordered to account for all money and other property received by them, or any of them, from or for or on account of the said company or the stockholders thereof; and in particular that the said Vanderbilt may account for all moneys received by him from the Pacific Mail Steamship Company; from C. K. Garrison, agent at San Francisco; from William C. Templeton, agent at New Orleans; and James M. Cross, agent at New-York; and that the debts of the said company may be paid, and the property of the said company may be distributed among the stockholders thereof.

FIELD & SLUYTER,
Plaintiff's Attorneys,

41

(No. 77.)

Commencement and conclusion of a complaint brought against a person appointed executor of one who had acted in a fiduciary capacity, or as trustee of the plaintiff, in respect to certain large transactions in real and personal property which he had conducted in his own name, but, as alleged, for the benefit of the plaintiff, praying a discovery, an accounting, a receiver, injunction, &c.

SUPREME COURT DUTCHESS COUNTY.

James Hooker

agt.

Robert Reade.

James Hooker, plaintiff in this action, complains of said Robert Reade, defendant, for this, to wit:

That heretofore, in the year 1828, one Robert L. Reade, then of the city and county of New-York, became the agent of the plaintiff, and subsequently his agent and trustee, in respect to certain real and personal estate and property in the city and county of New-York, under the circumstances and in the manner hereinafter particularly set forth, and, as such agent and trustee, received and acted in his own name, and managed, but, as the said plaintiff alleges, as the trustee of him, the said plaintiff, large amounts of real and personal property, which receipt, agency and management continued up to the time of the decease of the said Robert L. Reade, on the 5th day of October, 1852, and at which period the said trust had not yet terminated, or been settled or closed by said Robert L. Reade.

And the said plaintiff further shows, that at the time of his decease, as aforesaid, he left a last will and testa

ment, which has been proved and recorded as a will of real and personal estate, by and before the surrogate of the city of New-York, where the said Robert L. Reade resided at the time of his death, and that letters testamentary thereon have not been granted by said surrogate to the executor, Robert Reade, therein named, on account of objections thereto by plaintiff as a creditor of said deceased.

That in and by said will, the said Robert L. Reade has devised and bequeathed the principal part of his estate and property to said Robert Reade, said Robert L. Reade having never been married, and having died without lawful issue; said property and estate, to a very large amount thereof, although standing in the name of said Robert L. Reade, yet in fact belonging to said plaintiff, for whom said Robert L. Reade was a trustee and agent, as hereinafter set forth.

[The complaint, which is very voluminous, here sets forth a variety of transactions and correspondence between the plaintiff and the deceased and others, tending to establish the agency or trust, and to show that the deceased acted as the agent or trustee, though in his own name, of the property, real and personal, described, and for the benefit of the plaintiff.]

And the said plaintiff further shows, that the said Robert L. Reade then still continuing to reside in the said city of New-York, and having discharged the trust so before committed to him in relation to the management and sale of the property so as aforesaid purchased of him by his deed of the 13th of August, 1828, and sold and conveyed by the said plaintiff to said Charles Henry Hall, by deed of the 1st of December, 1828, as before related, to the entire satisfaction of the said plaintiff, and he, the said Robert L. Reade, being willing to take the charge and management for the said plaintiff, and as his agent, of the

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