way Company, by Messrs. Masten & Nichols, their 343 solicitors; The Pennsylvania Steel Company, by Messrs. Byrne & Cutcheon, its solicitors; Morton Trust Company, as Trustee, by Bronson Winthrop, Esq., its solicitor. The defendant, The Degnon Contracting Company, has not appeared in this suit by any solici 346 Amended and Supplemental Bill of Complaint. CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. 347 348 way Company; Adrian H. Jo- Defendants. Amended and To the Judges of the Circuit Court of the United 349 350 Central Trust Company of New York, a corporation organized and existing under the laws of the State of New York and a citizen of said State, brings this its amended and supplemental Bill of Complaint 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 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; Adrian II. Joline and Douglas Robinson, both citizens of the 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 Company, a corporation organized and existing under and by virtue of the laws of the State of Pennsylvania and a citizen of said State; The Degnon 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 351 Morton Trust Company, as Trustee under the Refunding Mortgage dated March 21, 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 said State; and thereupon your orator complains and says as follows: FIRST. That your orator is a corporation duly organized and existing under and by virtue of the laws of the State of New York and is a citizen of said State; and is a resident of said Southern District of New York. 352 353 354 SECOND. On information and belief, that the defendant The Third Avenue Railroad Company is 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 is a resident of said Southern District of New York; that the defendant the New York City Railway Company is a corporation organized and existing under and by virtue of 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, and is also a resident of said Southern District of New York; that the defendant Metropolitan Street Railway Company, is 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 a resident of the Southern District of New York, having been organized by a merger and consolidation at divers times of Houston, 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 and by virtue of the laws of the State of New York; that the Morton Trust Company is 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 is a resident of said Southern District of New York; that the defendant, The Pennsylvania Steel Company is a corporation duly organized and existing under and by virtue of the laws of the State of Pennsylvania and a citizen That of said State; and that the defendant The Degnon 355 Contracting Company is a corporation duly organized under and by virtue of the laws of the State of New Jersey and a citizen of said State. heretofore and on the third day of January, 1908, your orator duly made and filed its original bill in this suit against all the above-named defendants, to which said original bill this is an amendment and supplement. 356 THIRD. That heretofore and prior to the 16th day of May, 1900, the defendant The Third Averue Railroad Company, in the exercise of its powers under the laws of the State of New York, and in accordance with resolutions duly passed by its Board of Directors and its stockholders at respective meetings thereof duly called and held, duly authorized the issue of a series of bonds to be executed under its corporate seal and attested by the signatures of its president or one of its vice-presidents, and attested by its secretary or an assistant secretary, and to be issued to an amount not exceeding in the aggregate the principal sum of Fifty million dollars ($50,000,000) at any one time outstanding; said bonds to be either coupon or regis tered, the coupon bonds bearing date the 15th day 357 of May, 1900, and the registered bonds bearing date at the time of their respective issue; by the terms of which bonds the Third Avenue Railroad Company promised to pay, in the case of coupon bonds, to the bearer thereof, and in the case of registered bonds, to the registered owner thereof or his assigns, at the City of New York, on the first day of January, in the year 2000, the sum of One thousand dollars ($1,000) in gold coin of the United States of America in the case of coupon bonds and the sum of One thousand dollars ($1,000) or multiples thereof in the case of registered bonds, gold coin of |