20 shares of the stock of the said bank, and omitted to charge him with 120 shares of the stock thereof; and to so much of the said report as omitted to apportion to the said James Struthers, William B. Scott & Co., Charles B. Conant, The United States Fire Insurance Company, The Chatham Bank, Henry Leger, Thomas W. Pearsall and John P. Hone, respectively, their proportionate share of the debts and liabilities of the said Empire City Bank. And exceptions to the said report having been taken by Elijah F. Purdy, John P. Hone, Isaac O. Barker, John C. Territt, D. K. Territt, Jonathan Purdy, Samuel Brown, Augustus Purdy, William J. Staples, Peter Poillon, jun., Dennis Harris, Joseph O. Dorr, William B. C. Carpenter, the representatives of the estate of Robert L. Maybey, James Conner & Son, Joseph Hough, George F. Nesbitt, William Couch, Benjamin F. Manierre, Casper C. Childs, Elisha Peck and Alexander H. Horton, against all of whom the debts and liabilities of the bank were apportioned by the said report. And the motion to confirm the said report and the several exceptions thereto having been argued by Mr. J. M. Mason, of counsel for the United States Trust Company of New York, receiver of the Empire City Bank; and Messrs. J. D. & T. D. Sherwood and Mr. J. W. Edmonds, of counsel for Elijah F. Purdy and others; Mr. Peter Y. Cutler, of counsel for Peter Poillon, junior; Mr. Gerardus Clark, of counsel for Dennis Harris and others; Mr. S. Sanxay, of counsel for Joseph Hough and others; Mr. John E. Parsons, of counsel for James Struthers; Mr. F. E. Mather, of counsel for Elisha Peck; Mr. Thomas Hitchcock in person; Mr. W. C. Wetmore, of counsel for The United States Fire Insurance Company and Thomas W. Pearsall; Mr. J. Leveridge, of counsel for The Chatham Bank; Mr. A. Dickinson, of counsel for Henry Leger; Mr. Charles Tracy, of counsel for L. Roberts & Co.; Mr. Edwards Pierrepont, of counsel for C. B. Conant; Mr. Smith Barker, of counsel for W. B. Scott & Co.; Mr. William A. Coursen, of counsel for Garner & Co.; Mr. Henry B. Cowles, of counsel for B. H. Talmadge; and the court having examined the said report and the said apportionment, and having heard the allegations of the persons and parties interested, doth hereby modify and amend the said apportionment, as follows: 1. That the number of shares of stock of the said bank charged by the said report to be held by Peter Poillon, jun., be reduced to 80 shares. 2. That 240 shares of the stock of the said bank be charged to and declared to be held by Henry Leger, and that he be declared a stockholder to the amount of 240 shares. 3. That 120 shares of the stock of the said bank be charged to and declared to be held by William B. Scott & Co., and that they be declared stockholders to the amount of 120 shares. 4. That the number of shares of the stock of the said bank charged by the said report to be held by Sloan & Leggett be reduced to 1,331 shares. 5. That 800 shares of the stock of the said bank be charged to and declared to be held by the United States Fire Insurance Company, and that the said The United States Fire Insurance Company be declared stockholders to the amount of 800 shares. 6. That 100 shares of the stock of the said bank be charged to and declared to be held by Thomas W. Pearsall, and that he be declared a stockholder to the amount of 100 shares. 7. That 80 shares of the stock of the said bank be charged to and declared to be held by James Struthers, and that he be declared a stockholder to the amount of 80 shares. 8. That the number of shares of the stock of the said bank charged by the said report to be held by John B. Wickersham, be reduced to 256 shares. 9. That 108 shares of the stock of the said bank be charged and declared to be held by Charles B. Conant, and that he be declared a stockholder to the amount of 108 shares. 10. That Hiram Fuller be not charged with any shares of the stock of the said bank, and that he be declared not to be a stockholder thereof. 11. That 40 shares of the stock of the said bank be charged to and declared to be held by the Chatham Bank, and that the said The Chatham Bank be declared a stockholder to the amount of 40 shares. 12. That the number of shares of the stock of the said bank charged to John P. Hone be increased to 120 shares, and that he be declared a stockholder to the amount of 120 shares. And the said report and apportionment is further modified and amended according to the following list or schedule, in which is set forth the names of the persons who are hereby declared to be stockholders of such bank and liable to be assessed for the debts and liabilities thereof, pursuant to the said act of the Legislature of the State of New York, their residence, the number of shares of the stock of the said bank which each is declared to hold, and on which they are liable to be assessed for the said debts and liabilities in proportion to their shares equally and ratably, and the amount of the said debts and liabilities which is hereby apportioned to each of the said stockholders, pursuant to the said act. SCHEDULE, Showing the persons who are declared to be Stockholders of the Empire City Bank and liable to be assessed for the debts and liabilities of the said bank, their residence, the number of shares which each is declared to hold and on which they are assessed, and the amount of debts and liabilities of the said bank appropriated to each of the stockholders. Names of Stockholders. Residence. No. of Shares. Amount. And the said report and the said apportionment having been so amended and modified, it is ordered and adjudged that the same be confirmed. And it is further ordered, that the said report, as so amended, and this order of confirmation, be filed in the office of the clerk of the city and county of New York, and that the same be final as a judgment against each of the stockholders in this order, and in the foregoing list or schedule stated in the amount set opposite to their names respectively, and that judgment be entered in this court in favor of the said The United States Trust Company of New York, receiver of the Empire City Bank, against each of the said stockholders in the amount set opposite to their names in the said list or schedule respectively, and that executions issue thereon as in the said act provided. No. 4. (Having reference to pages 295, 296 of the text.) COMPLAINT AGAINST THE BANK OF NEW YORK FOR ITS DISSOLUTION AND FOR AN INJUNCTION-ORDER TO RESTRAIN AN EXERCISE OF ITS CORPORATE POWERS; AND DECISION OF JUSTICE ROOSEVELT. SUPREME COURT. CITY AND COUNTY OF NEW YORK. JOHN LIVINGSTON, Plaintiff, agt. THE BANK OF NEW YORK, The plaintiff in this action, in his own proper person, complains against the defendants, The Bank of New York, and says: That the 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 on the 13th day of October, 1857, the plaintiff was and still is the owner and holder of two circulating notes issued by the defendants, of which two notes the following are copies : "A. No. 289. New York, 1 January, 1853. "The Bank of New York promise to pay P. V. King or bearer, on demand, one hundred dollars. "The Bank of New York promise to pay P. V. King or bearer, "on demand, one hundred dollars. That on the 13th day of October, 1857, between the hours of one and two o'clock in the afternoon, the plaintiff presented the said two circulating notes to the paying teller of said defendants at their banking house in the city of New York, and demanded payment in specie of said notes, and the defendants' said paying teller refused to pay the same and stated that the defendants had no specie. And the plaintiff further says that he has been informed and believes, that the defendants have suspended payment and ceased to exercise their ordinary business, and are unable to pay, and are |