The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-08
HOOWNS THE STOCK
- Everlasting Sears Case A.
sumes q New Phase.
krfosT TO AVOID EXECUTION.
Against Uassa Klestslo Co.
eenos Pasker's shsrsags-1hsss
Hiehwsymsn Csnvicssa.

- oId damage suit Of Frank and Aunis
- nesinst tho Seattle Consolidated
- Railway Company, In which Nrs.
- rot So. 900 damages Tor injuries ~
- IN . street car accident several
- go, came up la the superior court
40 Yesterday In IN entirely nsw form.
~ siscs the supreme court a6armsd
|z1ha ~ Judgment the suretiss on the
cupnssdsas bond have bssn trying In
~ way possible to svads the payment
Eefths Judgment entered against them To-
Enthw With the railway company, claim
- dat they were induced to become
r1ptin and 'jobbed" by the street car
rcepss. who. by placing the corporation In
80 hands Of receiver, prevented the col
1eesion Of Its Just debts. A . Consequence.
Eikey claim. they alone were rendered
EHnhje 20 Sears. when in fact e WAS not
! fhsis debt 1T all but the eorporstion's
Eehek eesrs and his wife were trying 70
Efaee them TO pay. Every legal means
Eem sssorted 70 In vain. for both Judes
kfnsgisy and Judge Osborn decreed that
j - sureties wers liable and that the debt
Emnse b paid BY them II the street. car
Eeonpsny had no property available. sud
Eeuseution was accordingly lsvisd By
! 0hssi6 woolery on the suretiss' property.
= C. Kilbourns 10 the most wealthy OF
- suSstiss-y. Hugo Smith, +. H.
edi3th, J. 8. Porter and himsslf-and
msds the hardest fight against the sxscu-
toa The sheriff. IL 10 said. levied upon
IN shares Of tbs capital stock Of the
Union Electric Company. . corporation
eoatrolisd by Mr.. Kiibourne, which havs
) ~ value Of 500 and ara worth In the
naskst not very much less. In last No
ssmhss the sheriff sold the stock at auc-
li0n 70 satisfy the judgment Thsrs was
rot much competition, and Sears and his
wife bought the whole block for only @656
The new owners OF the stock not long
aftss went, or ailege they went, to she
eGlcs ofths Union Electric Company and
aGtsd 70 look at the books, with view to
sustaining the condition Of the stock
1od estttng Il transferred to themselves.
3hsy allsgs that the permission Was r.
Cbsod and that they have not yet been
pbls 70 get glimpse at the books 70 go
hov things stand. Moreover they alless
= their complaint against e. G..
1iibousne. which they flied yesterday.
lhss Frank Kiibourns and Ebsn Smith
bsys sst up claim to the stock and viii
~ allow the transfer. Mr.. Kiibourns,
shs = brother Of e. G, Kiibourne, Il
sssus has set up ownership OF . por-
Non Of the stock. and Mr.. Smith has
asserted that he holds . portion of tho
stock - trustee for parties Who have
Doansd +. c. Kilbourns money aud taken
The stock ~ security. The complaint al
leess. however. that Mr.. Smith refuses 70
Jsil for whom he In trustee. and. while the
books Of the company would show the
Ruth - to the claims Of both parties, the
PLAINTIFF are not allowed to see them.
The Ssarscs sllegs that the transfers Of
The stock, II made at all. were fraudulent
Ssnd we're made with intent 10 prevent
hem from realizing on IL when they
bought II In ct the sale. They say that
they are willing to pay any Just liens or
Membranes on It. but that they want
Dithsr the stock or $2S2, 900 in case IL can.
not be delivered. They also demand that
The parties who claim tho alleged interests
may BE- compelled TO state exactly what
The interests are, and that IN inspection Of
The books be granted. The stock 10 alleged
70 b worth $50 share.