The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-18

S. Maltese yesterday filed suit in the
Third district court against the Salt
Lake Amusement association, John B.
Rogers, James Rogers, Alexander Rog-
ers. e. NJ. Scrace and J. P. McGrath-
The complaint is very voluninous and
in substance it is alleged therein that
the defendants, John B. and James
Rogers and E. NJ. Scrace are members
of the board of directors of the Salt
Lake Amusement association, a corpor-
alton organized with capital stock Of
$4,000 fer the purpose of carrying on
the business of a theater. (the Grand
opera house, in this city, and that each
of the plaintiffs were and still are origi-
nal stockholders of the company and
paid for their stock the sum of 5000;
that plaintiffs Maltese and Brigham
7. Piper obtained a loan of 81 ,2G0 from
James Rogers, secured by 1,1e0 shares
of the capital stock of the corpora
ton, and that said money was obtained
for Che purpose oe completing the
theater building which was as yet I'M
finished. More money was required to
complete the building and plaintiffs
Maltese and Brigham T. Piper bor-
rowed $1,000 more from j. P. McGrath
and secured the loan by 800 shares OF
the capital stock of the company, and
that money was also expended for
building, but it was not yet completed
ana defendant Rogers raised $500 to fin
iSh the theater.
II Is then alleged that the defendants
rogers assumed the full control and
management of the business and re-
iused TO give any accounting or infor-
matlon In regard thereto to these plain
.lils, out falsely represented that the
lnoeptedness of the corporation was
ABOUT $4,000, and with a view to pay
ing off the same induced the nIainYiffs
10 consent to borrowing $4,000 from
IN! Inc Bank of Commerce, and to secure
lne same by 1850 shares of the capital
stoeh Oh the company and represented
thdl III TINS were not done mechanics
ana others would foreclose their liens
on the property. Plaintiffs consented
thereto and 1850 Shares of stock were
giaced IN the hands of Rogers for the
purpose indicated, but instead of pro
IpulIng the loan from the bank, the
rogers people, it is alleged. purcha sod
1ne claims against the building at a
discount and kept the ,25O shares them
serves and thus obtained control of the.
corporation. u VI tne
Again. it is alleged that on Fabr,
airy ~, 1885, the defendants Roe,ars
laepIesented to these plaintiffs THAI f+a
s1n 900 OF the company, including the
9rouov supposed to have been borrowed
70 e. noo odhk OF Commerce. arno1,,, ted
avoid AZ Sdf, S,S.a and that the only way to
call cali j., ois as to the corporation was to
ST. IN the old stock and Issue ~,
9 ,,a ana resolution of that Kind n Ne, ',
PASSED by the stockholders Tbo was
9 40 was issued with the resnif t hew
me aeiendants got most of If and :; ina ~
a. aI1o mat the Rogers people ref,,s 20
oy t e. plaintiffs access to the haoLs
Vi MO 70 give any accounting. INC LOOKS
acco, Te-ore' the plaintiffs pray for an
strailad that the defendants he r ri
claims eG in rom tSI disposing of any of the
security ~ ~ ere tra hands held as collateral
row IN their hands: that = H ra pialntiffs
app appolnted to take charge of tba 'r 80 oe
cry ana manage the business ana ~ t tUp.
.he oetendants Rogers be charged w ,lias
poration - TIE cor