The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-20

has flied 81 amended answer TO
1--aasr. made By the Puget Sound
- nanx Alexander Herman, &
80 others against the Spring Hi
rou2any. TIE city and Z. 4. Trem-
w. -~esfvSY Of the water company. A
s--.snta; answer has aiso been fled.
- re city makes some sharp
- ssstssnerts. alleging that after the
~.s,ekssed tae property ard fran
- q the water company the stock
= 81 ths SAD company agreed to
| - az the purchase erice the amount
- souds n0x IN controversy. These
-. fns city claims, were never pa
= surshev alleged tnat IN December.
= sst scrsnS Hill Water Company de-
- 4 II per csnt dividend or tire par
= II the capital stock. aggregating
- sz1 paid shs sane 70 the share
- This dividend. the city declares,
:. 10 eut Of the capital stock Of the
- and not oEt OF the profits, and
.sgs vas illegal An answer has also
=. "a by Z. +. Tremper. receiver OF
= ssser company,
=. er.t few paragraphs Of the cttyss
- are devoted 10 the usual forms Of
.--.srsos.s and denials common TO an
:. : tse Affirmative defense and cross
.rs.s.nf. which. after stating that this
srrr Hi Water Company Is q corpora
= sx.syinx under the laws Of the state.
go capital stock OF sasa.o0e. which
- vas duly subscribed. the piainf.H
axIgsr owning 100 shares and Abraham
esszhachsr 80 shares. goes on TO say
Z. IN October. IssS. the city purchased
!. sroperty Of the Spring FIN Water
sxsssT. Thls purchase included all OF
r-al and personal property and fran
$50 The price paid was 81. zss.s7. the
sr2znJ agreeing TO pay the bonds out
ne purchase price. This, the city
szz the company did not do. and has
Z sene sinee. Instead. IL Is alleged tina,
= rsrrpany. TN December. isy1. declared
.ssssend amounting 10 50 per cent OF
i a. value Of the capital stock. and ag-
rstsslnr IL Do0 This amount was paid
: liz shareholders, OF which r Heller
ssyfssi sssc. =. Heller 300 and
ssxzbaeher Bros. 81. 500. II Is
snsee that this dividend was de-
sA.a and paid out of the capital stock
be company. no part of IL being paid
Vt 4 the profits. and as such was ille-
n sad the sums so obtained have been
~ sai applied 10 the payment and re-
a.ag u the bonds specified in the COM
.Aziand that the Hellsrs and the Schwa-
@eaGs knew at the time OF the payment
~ TIE same was illegal, and that the
Aszent was a misapplication OF tne
nssey and property Of the water COM
AZ aud violation OF the law.
- supplemental answer and cross
Hzsisiaf the city sets up that at the
~ Il the purchase OF the property
ssa The water company 70 per cent OF
HsrT share bad been paid. not one cent
4 - Ftmainlng 80 per cent. ever being
~ The appointment OF f. p. T'rempar
Hsesiser OF the water company IL men,
SD and the fact that on March q
y = was ordered BY the court 10 levy
sessulent % 30 per cent on the sub
Esx9 stock. and to require each OF the
9szeFs to pay his pro rata 10 him as re-
zsss. This order. II l. alleged. Trem-
- sampled with. sending each share
ax notice OF the Assessment OF
= faia,iEs In the case al Issue +. Hell
esned loo shares, his assessment
szssnsinx 10 sS.ea. s. Heller 100 shares.
= saars also amounting to 300;
sfaaosehar Bros. 80 shares. their as
sszasnt amounting 20 $1,000. None OF
asse Shareholders. the city claims, have
~ @e amounts OF their assessments 20
= Fsesysr. although notified so TO do.
&ks ihsss facts the city asks the court
faMsS the PLAINTIFFS complaint; that
H~'ssr, 8 Heller and Abraham schwa-
Aessr y ordered by decree OF court TO
Esl 2aa deliver 10 Recsiver Tramper
= ends held By them: that A. Heller
aa Heller Be made 20 pay 10 the re-
1aFs The sums received by them from the
sshssh6s Illegally ard unlawfuliy made.
ss9zsiing to 5000 each. aud that Abra-
eE sehNabacher - directed 20 Ray thu
&ezas received by him, amounting 10
aud thar the sums 80 paid be ap-
N~ ey The receiver 20 the payment and
aasNsatioa % the balance OF the bonds
$50 company, and that upon such pay
1r1' and cancellation the deed OF trust
f@asied, cancelled and discharged.
a'eesser Temper has also filed an ans
= which he sets up facts and al
s.'sosss similar 20 those In the answer
:. y IRE city. His prayer Is somewhat
eat eesng in substance "a follows:
raj tn airy decree that may hy this
- s made sud rendered In this cause
FeooFsrs on behalf of the plaintiffs
ne bonds sued upon. herein. or for
spseciosure az the alleged mortgage
sos Plaintiffs seek 20 forecloss. or
80, the court first ani and deduct
tae amount which may Dc found due
bonds the amounts yet unpaid BY
saEa1s, Z. Heller and :. Heller. and
'<a Abraham Schwabacher and CO
asfs Louis ard s2Tnund Sob " .s.ssach-
= ne shares asi8 BY them. and each
lsa. & re capital stock os said de-
-s TIE Spring iill Water Company.
- a. tAe amounts received "a sfore-
tnem As dividends. and that he
!. ssch other and further relief as 10
aFs nay seem meet sn6 Just. the
f'fTs considered. vita his costs and