Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1890-08-30
THAT AMENDED BILL
A Complaint 70 Fit the Case Filed
Yesterday.
II TIE GREAT FAIR SITE CASE
Another RestrainiRx Ordsr Issued
Against the DiFSStors-Fsrssna lu-
terests Charged the Motive
Tor lhe Sale-So Record.

: 5 Bailey and three other directors
OF the Kent County Fair Association, last
night fled an amended blli OF COM
plant in the ehAneeFy Gaze brought by
them TO restrain the four Nandefpool
site directors from purchasing. IL will
be remembered that the four directors
in question met and closed the pur-
chase Of the site the night preceding
the day on which the original bill OF
complaint was filed in hopes TO head OF
ali objeetors.
Judge Grove yesterday allowed an
amended bill OF complaint 10 be tiied
IN the much discussed suit of ALesSrs.
Bailey. AtNater, Sweet and Avery,
against the Kent County Agricultural
Society, It's directors, etc. An order
was also made dismisslng the bill as TO
George {. Fitch, one of the original
complaInants. The amended bill IS
very similar ID the original, except that
allegations are made, that between -he
time OF the meeting of the director on
the 2otn INST, and the time 10 which ], was
adjourned the 23d inst; "that three OF
the directors who had voted IN favor OF
said NanderDool site met secretly, clsn-
des-inely, and IN the night time, with
cut any notice whatever verbal or
otherwise, 70 the other members OF said
board, and then took, or pretended 10
take. acton look ng 10 the completion
of the prouosed purchase of SAID VAN
derDool site; that IN pursuance or tae.r
action, certain proceedings before com
menced, were completed 20 Obialn
leave FOR minor heir OF Alvin Lara
WAY, who owned an undivided interest
IN 2 portion OF the said NanGerpool
site. to sell his sand interest, but
whether the SAID proceedings were
regular and legal your orators do not
know"
That after the service upon said
four directors VINO voted for the Van
derpool site, OF the Injunction issued
upon tne original bill, said four direc-
tors claimed that the Injunction was
nupatOrv for the reason that the laEtis
had been purchased and the moneyfof
The association paid therefor, and that
authority for deciding uDon the num-
hcr # acres and paying over the mOney
had been granted by the board ut y
meeting subsequent 70 the meeting of
tie goth OF August, and said defendants
now give out and claim, on the con-
trary. that the proceedings of the 2oth
INST. authorized the completion of the
transaction and, as your orators
charge, have procured the alteration Gf
records of said society frauduleLtiy,n
etc.
The bill further charges that the '1e-
PENDANTS have given ont that the pur-
chase has been completed and the
price paid. iNt the bill claims that the
deeds have not been delivered; that
there is string tied to the entire trans
acton" so that it may be treated II
necessary as not binding and revocsble.
and that no such deeds have been filed
in the register of deeds office. They
claim that if any purchase money had
been irrevocably paid, thatit was paid
bv Aaron Brewer personally, without
any authority having been conferred
on him as treasurer, or upon anybody
else. to pay over the society money for
the lands, and that no order for that
purpose had been signed by the presi-
dent or secretary.
The claim that the right to purchase
does not rest III the board of drec-
tors Is reiterated, and the bill
claims that under the law of
1885 it is as necessary that there should
be FIVE votes for the purchase rs for the
sale. They charge breach of trust on
the part of the four directors and that
personal property interests were the
motive of three OF them.
The action OF the directors in voting
themselves hack pay is also treated
upon in the biD, which closes by asking
that the defendants lee permanently re-
strained from spending any moneys or
creating any liabilities on behalf CT this
society.
Accomnanving the bill are affidavits
of Z. =. Dikeman and Thaddcus FOote,
showing that no vote was taken by the
board for the purchase, but that
Director Wlthcy stated openly at the
meeting on the goth, that something
might happen between the time OF their
adjournment and the next meeting,
which would So change matters that
the location might be changed. That
the minutes of the last regular meeting
old not show the matter to have been
determ ned at all.
Col. Foote'S affidavit stated that he
was present at the meeting OF citizens
on the proposed site last Saturday.
That he then understood from John
Porter, one OF the directors, that the
purchase bad not then been completed, 4,
but that the amount Of land to be
bought was TO BE decided then.
Judge Grove issued ar order requIr-
ing defendants to appear ana show
cause one week from Monday. and re-
s;raining them from taking any steps.
creating any debts. or proceeding 20 the
erection OF buildings or Improvements
on the ste meanwhile.