Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-24
THE ANSWER OF MIDGLEY ErAL
Some Counter Charges are Made by
The Defendants Therein.

Answer and crus.complalnt have
been filed by the defendants Ia the I'M.
rortaut suit ,f b. n. Ellerb,ck W John
&. Mldgloy, John ". Farrell, l.. s
Austin anu Harry Green.
IL is denied that def tuian,s entered
into a conspiracy ft the purpose If
preventing plainhu f.lu having con.
troll If Vie Utah Plumbing supply Co,
a corporation, by rossJn Of uls owner.
ship Of $50 shares or any other number
Of shur,5 Ct he capital stock IL Ia
also denird that the d. fiudants con.
spirod TO wrongiully is.uu 60 john Il.
Winder Jr. .Ol OF any number Of
SHARES OF stock tl tho corporation
!ot the purpose &C giving John O..
Midgloy aud his C0-ipfeudants
The control u the corporation.
By way Of Cr0ss.C0mplaut the dcfond-
ants nllego that the plaintiff ElIcfbcck
wfOngfully aud iOrcibly resisted, inter.
fuptel and In every way tried 10 pre-
vent Midglcy rom acting aud perform.
INK his duties ns manager, that the
charge " conspiracy made by plaintiff
IL absolutely false aud gr0undluss, and
that the charges are made anu tue ac-
lion brought Tor the sole purpose Of
ifauduluntly and dishonesty prevent.
ing the directors Of the corporation
from carrying out one Of the chief OBJ
joots of the Incorporation ami 30 ca.
aulo plaintiff " prevent the stockhold.
ots from elcCliug officers who would
seek to carry out thclot leCts for which
the corporation was tofmeI.
IL ig stated that the sale Of stock o.
Windef was made IN good faith, and
that the plaintiff a. n stoCkhOldUr, OF
otherwise, Ia not iuiurUd thereby.
10 IL BET up that tho plaintiff, with
Horace B, Ellerbuck, Thomas H. Ellrr.
beck and others, have unlswiuly con.
spful 10 gain control Of said corpora.
uIu, 10 40 10 operate 1t IN thOlf own In.
terUsts and against the interest Of the
stockholders. Inst the plaintiff, distr-
gatding the orders Of the directors, has
continued 10 pay out moneys OF the
company gud 10 Issue checks without
the signature OF the PRECEDENT, ana Will
continue 10 DO so unless restfaiuud.
that Horace 3. EllerbeUs has been re-
moved from tue position as L00kkeups T
by the direotlis and his place hllul by
William n. Wallace, nut that said
Horace .. Ellerbcck, acting Ia AID OF
the plaiuun aud under MS instruc-
tiDnH, rfuUs the directors access %
the books ami papers { the company,
or even the privilege q inspecting the
snWp.
Wher 10 dtfsudants pray that
the plaintiff taKo mott ing by his nc
ton; that ho be re- trained nom paying
out the mOnuys Il the corporation OF
i,suing checks 1 tne company, without
the written approval a the ptcsideuii
that he be restrained from managing
taU business ( the corporation; that no
be UtJulnUt from Interfering with the
stockholders or directors ia inspecting
the books u tho company aud from
keeping the hOok0 out OF the safe aud
from preventing William n. Wallace
from performing his duty ~ book.
Kerppr, aud that he DO restrained from
voting his stock In the corporation I'M
on after hUaung has been had On his
application for an Injunction,
THIS afternoon the defendant, John
Il, Windet IT,, filed his separate au-
sweT 10 the complaint.