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IV. That your petitioner is about to file in this Court a bill for the enforcement of its rights under the aforesaid mortgage made by The Third Avenue Railroad Company to the Morton Trust Company as Trustee, dated May 15th, 1900, and desires to make said Adrian II. Joline and Douglas Robinson, 27 as Receivers of the New York City Railway Company and of the Metropolitan Street Railway Company as aforesaid, parties defendant in said action.

Your petitioner therefore prays that by an order of this Court it may be permitted to make the said Adrian II. Joline and Douglas Robinson as Receiver's of The New York City Railway Company and the Metropolitan Street Railway Company parties to such bill to be filed by it, and that it

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32

THE THIRD AVENUE RAILROAD
COMPANY; New

York City Railway Company; Adrian H. Joline and Douglas Robinson, as Receivers of the New York City Railway Company; Metropolitan Street Railway Company; Adrian H. Joline and Douglas Robinson, as Receivers of the Metropolitan Street Railway Company; The Pennsylvania Steel Company, The Degnon Contract ing Company, and Morton Trust ('ompany as Trustee under the Refunding Mortgage dated March 21, 1902, made by the Metropolitan Street Railway ('ompany,

Defendants.

33

To the Judges of the Circuit Court of the United

States for the Southern District of New York:

('entral Trust Company of New York, a corporation organized and existing under the laws of

а

34 the State of New York and a citizen of said State,

brings this its Bill against The Third Avenue
Railroad Company, a corporation organized and
existing under and by virtue of the laws of the
State of New York, and a citizen of said State;
New York City Railway Company, a corporation
organized and existing under and by virtue of the
laws of the State of New York, and a citizen of
said State; Metropolitan Street Railway Com-
pany, corporation organized and existing
under and by virtue of the laws of the State of
New York, and a citizen of said State; Adrian II.

Joline and Douglas Robinson, both citizens of the 35 State of New York, as Receivers of said New

York City Railway Company; Adrian H. Joline
and Douglas Robinson, both citizens of said
State, as Receivers of said Metropolitan Street
Railway Company; The Pennsylvania Steel ('om-
pany, a corporation organized and existing under
and by virtue of the laws of the State of Pennsyl-
vania and a citizen of said State; The Demon
Contracting Company, a corporation organized
and existing under and by virtue of the laws of
the State of New York and a citizen of said State;
and Morton Trust Company, as Trustee un

der the Refunding Mortgage dated Jarch 21, 36

1902, made by the Metropolitan Street Railway
Company, a corporation organized under and by
virtue of the laws of the State of New York and
a citizen of sail State; and therefore your orator
complains and says as follows:

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FIRST.-That your orator is a corporation duly organized and existing under the laws of the State of New York and a citizen of said State.

SECOND.-On information and belief, that the defendant The Third Avenue Railroad Company

38

is a corporation organized and existing under the 37 laws of the State of New York and a citizen of said State; that the defendant, the New York City Railway Company, is a coroporation organized and existing under the laws of the State of New York and a citizen of said State, said defendant having been so organized under the name and style of Interurban Street Railway Company, and its corporate name subsequently and pursuant to proceedings duly had, having been changed to New York City Railway Company; that the defendant, Metropolitan Street Railway Company, is a corporation organized and existing under the laws of the State of New York and a citizen of said State, having been organized by a merger and consolidation at divers times of Ilouston, West Street & Pavonia Ferry Railroad Company, Broadway Railway Company, South Ferry Railroad Company, The Metropolitan Crosstown Railway Company, The Lexington Avenue & Pavonia Ferry Railroad Company and The Columbus and Ninth Avenue Railroad Company, all of said companies having been street surface railroad companies organized and existing under the laws of the State of New York; that the Mortou Trust Company is a corporation organized 39 and existing under the laws of the State of New York, and a citizen of said State; that the defendant, The Pennsylvania Steel Company, is a corporation duly organized and existing under the laws of the State of Pennsylvania and a citizen of said State; and that the defendant, The Degnon Contracting Company, is a corporation duly organized under the laws of the State of New Jersey an] a citizen of said State.

TIIRD.—That reretofore and prior to the 16th day of May, 1900, the defendant, The Third Avenue

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