The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-07-03
GRAND OPERA HOUSE.
4 Multiplicity of Suits Filed and TO
Be Filed.


The members of the Salt Lake
Amusement association, who are the
owners of the Grand Opera house
have gotten into a squabble among
themselves which has resulted in the
plantlng of one suit in the district
court and is likely to be followed by
several others. The suit which was
hled yesterday was brought by Frank
Maltese against Alex. Rogers, John
s. Rogers and James Rogers and is
for $4,000 damages. Another COM
plant is being prepared on behalf of
b. I. Pyper, whose allegations are
much the same as those of Maltese
and against the same parties and
claiming $4,000 damages. John Smell
says he is also going to commence
suit against Rogers, and yet another
suit is threatened in which the asso-
citation will be made defendants and
in which the prayer will be for a re-
ceiver.
The Maltese complaint filed yester-
day by Attorney L. NJ. Armstrong sets
up that the plaintiff owns 74S shares
of the capital stock of the Salt Lake
Amusement association incorporated
on October %, 1894, at which time
$4,000 had been expended on the build
ing, $4,000 of which was furnished by
the plaintiff. Then Maltese and other
incorpQratOrs borrowed on the note of
Maltese and Piper 81, 200 from James
Rogers wherewith to complete the
building and secured the same by
LOO shares of the stock James
Rogers and J. B. Rogers were each
given one share of the stock, the
the latter secretary of the company.
1t is then alleged that the plaintiff
and B. T. Piper gave James Rogers
an option for six months on 500 shares
of the stock at the sum of $3.50.
The complaint further sets up that
after the 81, 200 borrowed from Rogers
was expended, James Rogers and j.
3. Rogers. who had assumed control
of the business of the association, IN
formed the stockholders that S2,OOO
more would be necessary to complete
the building and fit it up for theatre
cal purposes. Maltese and Piper gave
their note for the amount secured by
5O1 shares of stock and the others
raised $500 which was given to Rogers
to complete the opera house, but from
this time on neither Maltese or Pyper
were allowed TO have any say IN the
management of the business.
Subsequently, in order to clear OH
the Indebtedness a mortgage for $lO,-
merce. but Maltese alleges the mort
gage instead of being delivered to the
bank was held by the defendants, who
themselves advanced the money.
It is further alleged that in Feb
ruary last a resolution was passed by
the board of directors providing that
all stock now outstanding be called IN
and declared null and void and a new
issue of 1900 shares be made at $40
per share, and enough stock be set
aside at that price to pay off the IN
debtedness, after which each present
stakeholder shall take in such new
issued stock in proportion to the
amount of money invested by him,
and that 500 additional shares be held
as treasury stock" after which it is
alleged that the new stock was issued
by J. B. Rogers, acting for and with
the other defendants, without cancel
ing the old stock. and a portion Of 1t
sold for $40 per share.
1t is then alleged that j. b. Rogers
has had charge of all the books and
accounts of the association ana
handled all the money, and by re-
fusals 10 give plaintiff an informa-
tion about the financial condition of
the business. has damaged him to the
amount of $4,000 for which judgment
is demanded.