Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-05
The COPPER PLANT.
Gilbert D. Amos Brings Suit Teddy
il he Tlifi District Court.
ne iLLEGEs WRONG DEALING,
lud Asks for the appointment of
Rtcc.r.r.--A Temporary Re.
s:rauing Order Grantcd.

Legal Proceedings EtfO Instituted In
the rhiri District court this morning
b. Glider. y. AmoI against 3. NJ.
Gren, the salt Lake CITY Copper
Manufacturing company, Lorruzi d.
Petit. Spencer Caw,on, ". &. Nc.
Cofnich, j. W. Dlnnellan, J. H..
Bacon, G.. r. Mason, and l.. ID. Kin.
uey, Hudson smith, Frank d. Rim.
bali, Thomas Jennings, Simon ham.
berger Frank 5. BAscom aud a. L..
Simondi.
Il D. alleged In the complaint
That about the month OF MAtcn,
IA the year 1898, tho Defendant
Green proposed TO plaintiff anu other
citz VI Balt Lll,u that tu Clse cor.
tain donations Of real estate were made
10 him he would erect iu this city, ON
thu land 10 donated, u large anu com
plotu copper refining and ore smelling
liant, the same 10 cOtsist Of an elcc.
trOlitiCal plant Of sufficient capacity
10 fenue twenty-five tons OF puto
copper product each day. The cost Of
the entire works was 10 hu $500, 900,
exclusive oil Tie ground On W 'sh the1
10 employ 800 men, nud were 70 br Ia
full up ration by January Let, 1894.
The complaint then tecltts the o..
gauizitiUn u q voluntary rU.pattnership
known as the North Salt Lske assocla.
ton, the purpose OF which was 10 FRO.
mote manufactures anu secure public
improvements In the north part
ot tue city. In order 10
secure the location this afsoclA.
ton, including certain Of the defend.
Autr, putchascd from tho defendant
Pcitit certain tracts OF land, described
Ia detail IA the complaint, ior the sum
OF s8j,UOU. Plaintiff neat AYERS that,
~ tue opvciai fvqurst Of the association,
lac furnished to Pc,tit proniltsDry
nDio lOf thu sum OF 81, 900. on the puT-
chase price, due March -, 1894, and
secured by mortgage OF hts tnliviIual
property. 10 induce him, however,
10 uU this each 0f tho mem befs OF tho
association undertook 10 pay tue motto
at IT, maturity, with Interest In full,
aud hold him harmless OF liability.
AZ further inducemtnt 10 execute
tue note aud mortgage, lie says they
represented 20 hlm that they hat
large number OF good notss anu
Hgftt m1uts for donation OF lands fully
equal ia value 10 thv amount Of hls
mute, which they agreed u pledge 10
him ~ security sgaintt his liability,
/ which cOllatefuls were to he reduced u
! cash anu applied on payment OF the
/ note. Plaintiff goes on g. statv that tho
association (us he IN infofmed) doposlt-
ed with the defendant MuJoruitk Ger.
tain notes OF divers persons ~ such
collateral, but be himself alleges tue
/ TACT " DO that this amount 90 deposited
was not Onc-i0uith equal IN value to
his own note; tuat many Of the col.
/ lateral notes were wholly worthless
aud unbelievable, anu those which
| were then good are now claimed by
! the makers 10 DO VOID, they refusing
payment by reason VI Green's failure 10
| comply with the terms OF his uudeftnk.
lug ~ erect aud complete tue
| works. lt IL alleged, therefore, that
/ the representations made by the as.
! ISOLATION were false A. 90 the amuunt
and quality " such collateral secuT-
/ tiles. fnat iunhef, 10 deiTaud plaintiff
/ anu 10 deprive him OF the security 20
/ which lao was entitled, tho members of
tho association, Without plainti1's
consent, aud o1nnlving with Green to
ciTcumvent him, arranged with tue
| last named 10 have the deeds Tor the
land in question made directly h
/ Green ~ BtEutoo ami placed In escrow
/ with tho defendants bacon, McCor-
/ nick, Mason, DOuuellan anu Clawson,
Instead VI having IL decided to the Ms.
ISOLATION or it, trustee, IL Ia claimed
| that Green has wholly failed TO DOR.
| form his entire undertaking; that he IL
n nOu.ItHident OF Utah anu resides Ia
| WISCONSIN, Of some other eastern state.
Z 'lHsa a. nssfemlu u A
| declares, they having the custody OF
| thr deeus, are about TO deliver them
10 Green, VINO (he charges on iniormA.
/ tiOu anu belief viii Al once dispose Of
uf uncumber The land 20 that all equity
/ VI plaintiff anu the North Salt Lake
association therein will ue entirely l0st.
Plaintiff adds he IL informed aud be-
/ lievrs that Green has no property Ia
! tnu Territory CUT OF which any ludg-
/ ment iUT uamagus could be made.
/ A mus says that hu, M Juv u, the co.
| partners Oi the association, IN entitled
] 90 Aspuuisl lien thereon tor the g.3,OU0
] AMI Interest, anu uulreA this can DO
/ established he Will be- Ia great danger
! VI losing all the money ne has
! Furnished; that tho mvmtvfs VI tho
! association number forty OF nifty per.
/ cons, all OF whom are insUlvent, and
| plaiuuu could only secure equitable
| contribution from Ihom for ms loss
| by multiplicity Of suits apd yeKstious
| nugatiou--it at all. He alleges that
Whatever Interest tho copper corpora
| non may have IL subject 70 this nights
! Of the association anu himself.
Hence plaintiff prays Tor tbs appoint-
ment Of receiver 10 take possession OF
| the title 1ueds anu tho property in-
GUIDED therein until tho rights Of all
the pgrties eau be fully determined;
| that Messrs Bacon, Clawson, Me-
| COruiCk, D0nnelian and Mason 10
restrained from delivering up the same
| 10 Green Or any other person; that tho
real estate ho adiuuged the properly ":
the North salt Lake Association anu
that he himself he adjudgud to hayoau
equitable lien thereon, 90 fuimburU
Aim Tor the purchase money luz
nl8hUd,
Judge Bartch has granted temper
Ery retaining order us prayed.
LoolbOurOw a kann are the plain
- D..