The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-10-22

officers or directors. and without the
knowledge of your orator. entered or
caused to be entered amicable revivals
of said judgments to numbers All. 412
and 4l3 January term. 1893. respective
ly; and the plaintiff never knew that
said judgments were in existence until
execution had issued thereon, and the
land advertised for sale, or that said
notes had been given or executed by
any officer of said company authorized
to give or execute the same.
That said judgments are lien upon
the land conveyed by the said William
Schulz to the Wyoming Manufacturing
company as aforesOfd, and are a fraud
upon your orators.
That your orator has recently learned
that the president of the Wyoming
Manufacturing company. John Hand
ley. has. sirce the conveyance of said
lands by your orator to the said cor
poration. sold and issued iargec
amount of stock of said company 20
certain persons. at present unknown to
your orator, and that the said corpora
ton has undertaken to buy and lease
lands in the state of West Virginia,
ard to carry on n business In that state
and that satl corporation has there
contracted debts. has gone into the
hands Of receiver and has become
insolvent: and that the said John Hand
ley informed your orator that these
lands were not i'm the company doing
business in West Virginia.
That your orator. the plaintiff In this
bill. was kept in ignorance of this sale
of stock as aforesaid. and of the trans
action Of business and the buying, sell
ing and leasing OF lands in the state of
West Virginia or elsewhere, and that
the said sale of stocks. and transaction
of business outside the commonwealth
of Pennsylvania was without your or
ator's knowledge or consent: that Il
was u fraud upon your orator and in
tended and calculated to work him
great wrong and injustice.
Capital stock Was $4,000.
That the onginal capital stock of said
company. In organizing which your or
ator participated. was $4,000. of which
your orator held 5000: John Handley
1000; j. II. Campbell. $1,000; Joseph j.
Read. 81 1000; and at the time of the or
ganiZat!on no money was paid in. that
SO far as your orator understood the
same from representations made to him
"a, the time, the payment of the stock to
be issued was 20 be made by the con-
veyance of the land aforesaid to the
company. that a't no time since the or
SlrtZatiOn Of said company, at any
meeting, at which 'he was present. or
of which he was notified either as di-
rector or stakeholder. was any resolu-
ton passed providing for an increase of
the capital stock above said 500, 900. And
as your orator Is informed and believes
no legal increase Of stock above said
amount has ever been made. Nor was
l,tt
ing authorizing the purchase of real
estate or property or the transaction
Of business in the state of West Vir-
gn.a.
That II the said Wyoming Manufac-
turing company Is now, or ever was in
de6ted to the said John Handley, and if
there Is. or ever was a valid considera-
tion for the judgments which the said
John Handley has. entered against the
said Wyoming Manufacturing com
pany. such debt was incurred In the
business conducted by the said Wy
oming Manufacturing company in the
state of West Virginia or elsewhere,
and for the purpose of business trans
ao.ed out of the state OF Pennsylvania
thu management Of which business was
controlled by the said John Handley
and that said business being carried
on without the krC wledge or consent
of your orator, your orator ought not to
be holden or bound or in anywise liable
for said debtor for said judgments in
favor of Joan Handley: and the lands
81 conveyed by your orator TO the Wy
oming Mauufacturlrg company as
aforesaid. ought no; To be held or bound
or in anywise Mable TO sale or execution
for said nu.es or judgments for any
debt So contracted.
Increase OF Capital Stock.
That the capital stock OF said de-
fendar. corporation, the Wyoming
Manufacturing company. was $4,000:
that said capital stock could be in
creased only at a meeting OF the stock
holders and then only by the vo,e of
twp-thirds Of all the shares of the
stock of such corporation, which in
crease must. with in 800 days BE- certi-
fed by the president and secretary to
the secretary of the commonwealth and
to the auditor general.
That the capital stock OF said Wyo-
ming Manufacturing company was
never lawfully or legally increased. and
on account of the proportion thereof ~
which your orator was entitled. could
not be lawfully increased without your
orators consent.
That your orator never received any
call or notice Of any meetings for the
purpose of Increasing the capital stock:
and never attended any meetings where
such increases was authorized and had
no knowledge OF any such increase and
never consented either directly or indl-
rectly thereto: that your orator fire.
quently spoke Of John Handley. presi-
dent of the said Wyoming Manufacture
ing company. and that said Handley
;old him to rest quiet as his interest
would be protected.
That such increase OF the capital
stock of caid corpora t,on, and the sale
of additional stock therein. was Illegal
and void and a fraud upon your orator.
Your orator AYERS and charges that
the said conveyance was procured by
means of misrepresentation and fraud.
and that there has been a total failure
of consideration. Wherefore he needs
equitable relief.
CABMEN'S NIGHT OFF.