Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-12-14

rs delinquent, ana from ceiling tho |
samti ALEC asking An accounting on the |
lart OF the defendant John Began, pres. |
ident OF The company, for certain claims
made by him and allowed by !
the board OF directors, the tAinliffa as
seftlng that the claims are fraudulent
fictitious and excessive, and askinE
that on the fnal hearing receiver be
appointed, and the affairs OF the oorpo-
ration W und up.
Judge Merritt granted all that the
plaintiffs nSkrd--ths Injunction, tho
order Tor accounting, anu q staten emit
that In all probability the corporation
should be wound up as asked.
Ia going over the case, the cOur's
decision points out that no person
could be director or officer unlets he
was owner Of 8, 200 shares OF stock; and
that no assessment could DO maze UNI
III all the working stock was exhaust
cd. The court found that none Of the
persons who claimed TO DO directors,
except John Began himsolf, possestou
tue qualifications; that the stock trans
lefred TO John Il. Began, W. j. Began
ana James a. Farrell 10 qualify them
was not by bona fide transfer, but
"wss colofHblo merely" hence tho as
Hes3ment made by these parties A.
directors anu their aolious AZ officers
were not valid.
The court also held that the tranaier
Of the balance Of working capital ~
John Began, by the directors, nj thirty
cents u share, was an unauthorized
action. Began hal been Tecniying
$500 per month ms president, ana the
court found that his services we're not
worth over $3.50; that his charge Of S75
per mouth Tor watching was "abSolute.
ly without iOundatiOb;D that he had
agreed to tpke $3.50 shares for the
board bill OF the men, hut instead
thereof charged the company S3,S33,
and had transferred 10 him stock at the
rate Of thirty cents per share. "rhiH
transacllon," says tue Judge, "whlle
PERHAPS an example OF thrift on the
part OF the defendant Began, does no,
commend Itself to me-" The csutt
also says: "Without going into par.
ticulars VI discussing the other items
OF the ssid account, II 10 mauitaat to
mo from the evidence that these items
aru uxCorelve, fraudulent and nctitl-
Gus" Further commenting on the
case, Juuge MoTrilt says, at IL clear
20 mo that there will have 10 DO 40
accounting between Began and
the company, and his claims against
the company adjusted by striking
out large part OF them,
From tue testimony now before the
court, II would seem that upon n lai
hearing, large portion Of these claims
would nave 10 DO dissllowed anu In all
probability the corporation wound up"
The defendants are eDIoinsd ~ prayed
iof.
a HALF MILLION DECISION.
The Ave lawsuils OF tho Marion Gold
AMI silver Mining company Va Matt,
u. Osborn, which occupied many days
OF Judge MetriIte time, involve not
lees thnn half a million dollAfs' worth
Of property In the Camp Floyd min.
ing district, Juab county. The claims
ia dispute practically aujOin the great
MoTcur mine, hence their immeuie
| prGspecllvsI value cannot be tstimRt.
od. Judge Merritt gave his decislon
In the litigation today, In each csse
holding that the legal title " In Mr..
Osborn. Notice OF appeal was glvOn.
OTHER business.
Before Judge Merritt, George f..
Goodwin was appointed referee TO try
Issues, report findings anu conclusions,
aud Judgment thereon, 10 tue case Of
J. A. Heiss vs. H.. A. kessler ct al.
| In tbs case Of MoCOnnahy va Mark.
ham, tue costs bill was amonued 30 ~
to include reporters fees.
Default ana judgment were entered
against 4. II. WantlAnd OF nj, Ia sui
on mortgage by q. w. l.. Stevens.
Demurrer was withdrawn and until
January allowed defendant "a
anBWer In the case OF Cunniuglon &
Co. vs. the COmslOck Mining company.
Tho suit Of Della Hartung vs. Edw.
Bolton was dismissed on application Of
the defendant.
The arguments in the case OF j. h.
Hamilton ct al. vs. JOHN IL. DoolSy, on
n claim against tho defendant as true'
tee, were theh taken up and consumed
the greSter portion Of the COURTS time,
| Default was entered In tho case oil
James Il. Freeze Va john Reading 81
al, In which foreclosure Of a mortgage
was granted the plaintiff, aud an al'
torney's feo OF $500 allowed.
SENTENCED FOR STEALING.
The frat business In Judge Bartch'i
diVialon Of the Third dlstriot court
todsy was passing upon motion FOL
new trial In the case OF TnomHl
Stringham and James Martin. IN,
court Oyorfulod the motion.
James Martin was then called fol
sentence. His attorney, J. M. Hamil
ton, said that Martin, or Fuller--ihA
being his real name, mis- stepiathel
being MaTiin-wHs young man o
contemplation, and Notwithstanding
tue conviction secured, Mt. hamilton
doubted Martin's guilt OF the otiens'
charged. Ho had been Ia prison five
monlhs awaiting trial. A number o
letters were presented ~ to the goot
character OF the defendant and family
Judge Bartch said no had carefully
cxnmluod the case, and saw
no reason 10 change the verdict
He would take into consideration
the statement In behalf Of the deiend
ant, and would tighten the sentences
accordingly. He then ordered Martli
to be Imprisoned In the penitentiarl
for eighteen months.
, Thomas StFingham was called, AM
In reply to the court stated, as MariiI
did, that he had not stolen tn
property Alloged, Notwithstanding tn
, conviction. He was sentenced I
eighteen month"; imprisonment In tn
penitentihry.
THE LYNN INDICTMENT.
In the case OF the People Va. s. J
Lynn, one OF the CITY Council, In
D oicted for being n stakeholder In til
. Sierra Nevada Lumber association NJ