The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-13
HADN'T HIS EYES OPEN.
How Mr. st. Hubert Came to Form
a Company.
The Rise and Fall Of the Concern Known
as the California WiReGrOWerS'
Union.

Suit has been filed in the Superior Court
by j. Oh. de st. Hubert against Bert
Wertheimer, Louis Wsrtheimer, Jules
Cert and Albert Cert to settle certain diff
ferences that have arisen respecting the
California Wine-growers' Union.
The plaintiff states that in April, 1898
he owned winestore on Suffer street,
near Grant avenue. On the 18th of that
month he made arrangements to go into
partnership with the defendant, Bert
Wertheimer. Ultimately a corporation
was formed called the California Wine
growers Union. The stock on hand was
valued and appraised at $4,000 and
Werthsimer agreed to put up this amount.
The other defendants were taken into the
concern ana capital stock of 1900 shares
organized. OF these Wertheimer TOOK
750; the plaintiff, ST. Hubert, 100, while
the other three defendants took 10 shares
apiece.
1t was agreed, says the complaint, be-
tween the parties that the plaintiff and
Bert Werthemer should hold equal in
terests in the concern. Tney went in to-
gather, and all went we'll until October 4,
1894, when Bert Wertheimer transferred
all mis- stock and interest in the concern to
Peter Descalso. II vas at this time that
DElt w cLtuoBIIcE lHIULuSQ 0ks 1IuOClS
that be (St. HuberD owed him $I2, 900.
losses incurred by the company since its
Incorporation on April Is, 1893.
The plaintiff says he had nothing to do
with the keeping Of the books, and did not
know anything about the financial standing
of the concern. He vas. therefore. obliged
to take Wertheimer's word for all these
things. On the 18th of October, 1894, when
Bert Wertheimer had sold out to Descalso,
he Informed the plaintiff that unless be
signed a note for SLIP SO, due January ii,
1895. aud also gave mis- note to pay over to
him (Wertheimer) the sum of $1,000 out
OF his dividends accrning from the con-
Germ. in addition to becoming responsible
for some $1,000 worth of bills and accounts
outstanding against the concern, he (Wert-
heimer) would move the courts 10 declare
the California Wine-growers' Union insol-
vent and to wind up its business.
Terrified by these threats st. Hubert
says that be did what was asked of him,
signed the notes and took the responsi-
bility. He now declares that he was will
fully deceived by Wertheimer into doing
So. He says he has found out that Vert
heimer, instead of paying $4,000 in the
concern, as he said be had done, only paid
in $4,000. 1t is alleged that if the $1,000
balance had been paid in all these troubles
would have been averted, and that Bert
Wertheimer and his eo-defendants, direc-
tors Of the company. are responsible for
them.
1t is further charged that these notes,
signed by the plaintiff. were accepted by
the defendant. Albert Cert, without any
consideration whatever, and that this trans.
action was manifesIly done with fraudu-
lent intent In the end the plaintiff asks
for an accounting from the defendants,
and seeks an Injunction restraining them
in the meantime from interfering with the
affairs of the concern in any shape or man
neT.
Presiding Judge Sanderson has granted
a temporary injunction, and the matter
will come upfnr hearing on Friday next,
the 18th inst, before Judge d. j. Murphy.