Capital journal. (Salem, Or.) 1893-1895, 1895-09-05
M'MAHoN BRINGS SUIT
Against the Stockholders of the In
dependent Publishing 90.

/ EN--~~~-~N
A complaint was filed In the county
clerks Office Wednesday evening In an
action brought by q. w. Dimick, j.
w. Jory, J. b. Henninger, L. III. Nc
Mahon, for themselves and others,
against J. H. Fletcher, Amos Strong,
Geo. T. Cline and the Independent
Publishing company.
The allegations as set forth are about
as follows:
That the Independent Publishing
20. Is corporation with its principal
Office at Salem, and has a paid-up cap
ital stock of IS. .93s so represented by
shares of the par value of 500 each;
that plaintiffs are stockholders and
bring this suit in the interests of them
selves and all other stock holders Of
the corporation; that about April %,
1898, at the first regular meeting of the
stockholders, the board of directors
we're duly elected towit: Amos Strong,
Geo. II. Cline, (two Of the above named
defendants) w. II. Holmes, d. e.
Swank, and Charles Scott, and that
The directors elected Amos Strong
president and l.. H. Mcmahon secre-
tary Of the corporation and the said
Mcmahon acted as such secretary until
about December 10, 1893, at which date
he resigned his said Office and Geo.
+. Cline was elected in his stead
and has 80 served ever since; that on
or about December /, 1893, j. H.
Fletcher was employed by the direc-
tors as the business manager of the
corporation, who entered on his duties
and assumed business control lmmedi-
ately, and continued TO act in that
capacity until March 81, 1894; that on
March %, 1894. Amos Strong as presi-
dent Of the corporation aud Geo. Il.
Cline as secretary, notified the stock
holders Of meeting to be held in
Salem on the 3lst following, the object
being to deyise method of raising
money to pay off a pretended" chattel
IN ortgage Of 81 200 alleged to have
bCGb kANOh Nv bhO BOAANiob w Out
L. W. Guiss, "and IL deemed advisable
to dispose of the corporation for that
purpose" that the meeting convened
there being present Amos Strong, Geo.
T. Cline, j. III. Fletcher, w. II.
Holmes, ID, E. Swank and w.
Q. Hubbard, who represented In
person and by proxies total Of Al 9S
shares OF the capital stock; that on or
before the date Of the said meeting d.
f. Swank procured the assignment
and transfer Of the "pretended" chat
tie mortgage to himself and, at the
time of the meeting, claimed to be the
ow ner, and at the meeting offered
resolution (Which was Adopted) to the
effect that the directors sell the plant
OF the company at private sale; that no
statement of the financial condition Of
the corporation was made at that time
or at any time whatever and no notice
was ever given by the officers to the
plaintiffs and other stockholders of the |
necessity Of such sale and no such |
right was ever given by plaintiffs, nor
did they assent or ratify the same; that
on March 9lst Strong, Cline, Swank
and w. II. Holmes, without notice to
Charles Scott, who was not present,
met In the office Of Holmes and made u
pretended" sale to the defendant, j.
II. Fletcher, Of all the property, book
and good will Of the said cor
and wrongfully delivered the
TO Fletcher; that there was no
awful transfer aud delivery of said
lions property to said Fletcher,
,ut the same was done by secret and
,landestine pre-arrangement for the
purpose Of defrauding the plaintiffs
Ind other stockholders; that the plain.
ifs believe and allege tue fact to be
hat the said "pretended" sale and
ransfer to Fletcher was made in the
interest and benefit Of himself and {
Itrong and Cline, who now claim to
wn an equal interest In the corpora
Ions property and they still have the
oooOooioh NhoiooAt tho piihhhB ihatSN-
II OF which is valued at S25OO, book Z
coounts, etc., $1,000; together !
nth the Daily Independent,
ie semi. Weekly Independent Q
nd the good will connected Herewith .
Alued AT 5000; that there was no in
ebtedness of said corporation outstand- o
X or due expecting the amount a
aimed to be due Swank, director. q
pom the said "pretended" chattel
I,rtgage to about 81, 200 aud bills pay y
Die amounting to $500, but no other o
abilities; that about August %, 1895, i
aintiffs notified and requested the n
rporation to bring suit against the c.
'ove named defendants, j. III. Fletch- a
10 set aside the said sale Of the cor D
'ration's property, but its officers have h
u 'eoted to institute il; but since N
etcher, Strong aud Cline took pos oi
- "A hA H.. | In