The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-08-27
COMMISSIONERS AND JUSTICES.
The Cases Against the Gamblers Were
Practically Abandoned.

The Cases Against the Gamblers Were
Practically Abandoned.
AS was predicted, the cases against the
eight gamblers, which were to have been
heard before Commissioner Pratt. were
not proceeded with, on account of the
absence OF the complaining witness, w.
II. Shaw, who, it is alleged, has gone to
Montana. Several witnesses appeared
IN answer to subpmnas, but on being ques-
toned by the prosecuting attorney prior
to putting them on the stand it was dis
covered they knew absolutely nothing
about the cases, although Smith had
handed IN their names as parties who
knew all about the matter. There is yet
another witness named e. B. James, on
whom the hopes of the prosecution now
rest, and as he has not been heard from
the cases were continued till next Satur-
day. The probability is Mr.. James knows
no more than the other alleged witnesses
and the cases are practically abandoned.
THE SUITS AGAINST LOAN ASSOCIATIONS.
Two cases of considerable Importance
were decided yesterday by Justice Loeb
RE. His honor had taken them under adj
vlsement for several days and his decision
was looked for with good deal OF inter
est. The suits were Tom FERGUSON and
Building and Loan association and The
Western Loan and Savings company. His
honor held that the plaintiff became a
stockholder in the National Building and
Loan association on the Goth of April,
1890. That he purchased five shares OF
stock on the 29th day of April, 1890, and
five shares more on the Goth day of June,
1890. That he paid 1920 for said shares.
That the interest and accrued profits
Inch ,,fa mi ,o,-
held that Mr.. Steward by Withdrawing
became creditor of the corporation at
the expiration of the thirty days from the
date of the notice of withdrawal. That
the provision OF thirty days was provi-
sion for the purpose of allowing
the corporation time in which to
secure funds with which to pay
off the claims of the withdrawing
stockholders before they become creditors.
That before the expiration of thirty days
from the date OF notice of withdrawal
stockholder continued to be a stakeholder,
but that after the expiration OF the thirty
days he became creditor. Therefore the
clause in the statute regarding the with
drawal of more than half the funds in the
treasury was not applicable in this case,
Stewart being creditor, the justice
holding that that clause was applicable
in cases OF stockholders being paid off
expiration of thirty days from date of
such notice. The suit was brought on
each certificate of stock separately and
the judgment was for the a1nout claimed
and costs. The Judgment goes against
the Western Loan and Savings company
for the reason that on July the National
transferred all its business to the Vest
ern.
B. F. Grant vs.. the Mountain Ice &
Cold Storage company is suit to recover
S66 balance due on bank check, entered
in Justice Lochrie's court.
The Commercial National bank has be-
gun suit before Justice Gee to collect
S52.25 and S77.25 on promissory notes
from Duncan Kippen.
Shoemaker & Co. are suing the Smythe,
Britton, Poore company in Justice Gees
court to recover S61. 81 for goods sold and
delivered.
Judgment was rendered by Justice
Whitehorne for the plaintiff for $50 in
the case OF Julia A. Farron VS.. j. H.
Keates.