The morning call., 1893-11-11
AN UNLAWFUL ASSESSMENT.
Stockholders Claim That Behrend and
Fabian Joost Want to Possess
All the Stock Themselves.

Three Injunction suits were filed yester
day afternoon to restrain the directors o.
the San Francisco and San Mateo Electric
Railroad Company from proceeding witt
the sale of delinquent stock under the
assessment of 81 90 share, made Septem-
Der %. 1898.
The sale was advertised to take place a,
O'Clock yesterday aftern Don, but the suits
were fled previously and restraining or
ders granted pendente lite
c. c. Butler aud NJ. 81. Turrill file suit
against Behrend Joost, Fabian Joost, j. a.
Miller and the San Francisco and San Ma
teo Railway Com pany to set aside a reso-
luton OF the board of directors of the
company, dated September %. 1898, order
ing and levying an assessment of 81 90 a
share upon the stock. and for an injunction
restraining the directors from selling any
of the stock during the tendency OF the
action.
The suit involves the agreement made in
October. 1891, between the San Msteo
company ana the Sunnyside Construction
Company. concerning the construction of
The branch Of the defendant company's
railroad to Golden Gate Park. and fur
tier agreement made between Behrend
and Fabian JooSt and c. Z. Butler, one of
the plaintiffs, where by Fabian JOost agreed
to obtain for the Sunnyside Construction
Company any amount over 100000 TO be
used in eQuippiDg and putting into opera
tion the said railroad.
On September %, 1898, the directors
adopted resolution levyIng an assessment
o. 81 80 share to enable them to realize
sum of $4,000. Since that date a list of
dol cto bol
llshed and the stock advertised for sale.
The plaintiffs in this suit, who are them
selves stockholders. assert that Behrend
JoOSt, Fabian JooSt and j. a.. Miller have
not paid and do not intend TO pay any part
of the assessment, and the day of sale
being fixed for yesterday, NOyem Der 10, at
3 P. II. the plaintiffs filed the above
mentioned suit to restrain proceedings, it
being claimed that the real object of the
levying of the assessment is to force stock.
holders to surrender their shares under the
delinquent sale thereof.
James a. Waymire has filed suit against
the San Francisco and San Mateo Railway
Company, the Sunnyside Construction
Company, Behrend JOost. Fabian Joost,
c. c. Butler. j. A. Miller. George T.
Smith, j. II. Gilmore, W. F. Thomas and
j. W. Hartzell to cancel the above-men-
TONED assessment and further to sci aside
the issuance of certain stock.
The plaintiff claims to be the owner of
1905 shares of the San Francisco and San
Mateo Company's stock and alleges that
on January %, 1891, the defendants direc-
tors caused to I've issued to themselves
stock as follows: Behrend Joost 4735
shares of the par value Of S473. 800; to
Gilmore 2290R shares, value S229. $50; TO
Thomas a Ike amount, and to Hartzell
1866 shares of the par value of S466. 600.
1t is alleged that these shares were issued
without consideration, and upon the
fraudulent pretense of payment for
franchises previously obtained from the
Boards of Supervisors Of San Francisco
and San Mateo counties.
Other stock is said TO have been fraud
ulently issued. as well as 100000 of bonds
of the railway company paid out to de-
PENDANTS Joost, Thomas and HartZell for
the franchises as aforesaid, and $3.50, 900
of the same bonds illegally delivered to
the defendant "construr ton company"
The plaintiff asks that these transfers be
declared null and void, and that the bonds
in question be declared the property of the
defendantrailway company. An account
ing is also asked for of all expenditures
made by the directors and that all illegal
payments made out of the funds of the
ilway company be dsalowed.
j. Douglass Saunders and John B. Muir
head are plain tiffs in suit against The TWO
corporations ana their directors TO set
aside all proceedings taken under the deal
iRgs of the San Mateo Railroad Company
with Behrend Joost and for full account
ing of all moneys and properties belon ging
to the San Mateo road, as well as to set
aside certain acts performed by the board
Of directors.
1t is claimed that accounts existing be-
tween the San MaIeo company and
The Sunnyside Construction Company
have become so mixed through the
willfuI mismana cement of Behrend
Joost and Fabian Joost that they
will require a complete investigation
through the Superior Court. The CON-
plant further alleges that although. &C
cording to information and belief, the net
income accruing from the, business Of the
San Francisco and San Marco Company
reached S50,305 43 for period of one year
and nine NOR tbs, yet that the directors
levied an assessment Of So 30 per share.
without any just cause, but really, as the
complaint says. for the purpose of confis-
eating and acquiring the stock of the plain
tiffs and other stockholders. The plaintiffs
therefore seek to have the assessment set
aside al well as an injunction to restrain
the sale of the delinquent stock.
Judge Sanderson has signed orders of
injunction in each case.