Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-21
AN ACCOUNTING WANTED.
Cnso at Georgia roote AxAtnst Utah
COMMERCIAL ana savings BANK
ct al,

Gaze at Georgia roote Against Utah
Commercial una savings BANK
ct ni
Judge III lies Is hearing today the
case OF Georgia Foote VS. The Utah
Commercial, d Savings bank and Nj.
Il. Cummings, defendants.
The complaint alleges that In 1899
plaintiff was In possession OF so AGREE
OF coal iAnds, situsted In Uintah
county, Wyoming. In confederation
oil 81 ,0U0, tue plaintiff GOV veysd halt
intercst 10 the coal lands 10 Cum.
mugs. Plaintiff not having the
necessary amount - 81, 800 - which
was to be paid to the U niiei States Tor
. requisite title to tho lands, II was
agreed that the whole amount should
be paid by Cummings, aud as security
for this amount, the title to the land
was invested IN the same Defendant,
to be held In trust for the plaintiff.
In 1894 Company was formed ami
Incorporated known as :he Diamou
Goal anu Coke company. Tue so
acres OF coal laud all accent was maue
the basis OF the In corporation.
1t is then alleged that 9 $50 sharet
Of stock in the company belonging
to plant II was issusd in Cum mings's
name subject to such pledge In trust
for plaintiff. 1t Is then SET up that In
Novemb Der, 1894, 100, 900 shares of the
company was plsceu In escrow In the
bank OF Commerce for the purpose OF
acquiring the payment, by tue Dis.
mond Coal anu Coke company, OF
$40, 900. Included In tho stock placeu
IN escrow was the certificate No.
8 standing in the name OF Nj. Il. Gun
mings for l2,500, half OF winch be-
Ionged to pliinliff, The stock res
msined In etcr0w until February,
1895, when the company wantei u
turner loan OF $1,000. which the de-
iendant Cummings offered to loan "
he was permitted 10 withdraw the
certificate No. 5. This the company
agreed to, the understs nding BE-.
Ing that the certificate should
be replaced Immediately up0n
the compaDy's repayment OF the S..
900. It IL then set up that the com.
psny paid this sm0ubt back SOME
ninety tnys later, but that Cumming
refused TO return the certificate, and
without plaintiff's knowledge deposi
ed the certificate with the bank 10
ordsr to secure the payment Of q cum
due from Gun mings to the Utah Com.
meroiai q Savings bank.
The Complaint then goes on to cay
that on the 9th day OF May, 1895,
Cummings was removed from the
position OF cashier Of the deivnda ant
bank anu by means OF threats TO prose-
cute he was persuaded TO deed over
plaintiffs shares OF stock, as we'll as
other property, am uniting In value 10
S35 900. 1t Is also sci up that &C the
time when this occurred, Francis
Armstrong, presidentiot the sank, was
3 la a Inn oil In nf IN MT
Jury, made threats to have Cummings
,nulcted II he did not Turn over all
his property az security. The COM
plant then alleges that for the pur pose
Of cheating and defrsuding Cummings
| a pretended sale was made OF the stogk
and bought In by the bank for Is, 900,
although, 1t Is alleged, that at the tint
OF the sale the bank gave II out that
Thomas w. Jennings was the buyer.
1t ia then alleged that Cummings
wanted To redeem 5000 shares of the
stock, Offering TO pay tue sum OF IS. 900
for the same, but which II IL SAID 10
have refused to accept.
1t is iurther alleged that Cummings
demanded an accounting OF the bank
with respect to the shares, az the s'me
time threatening to bring action
| Against the bank unless his rights
were recognized.
II lie then set up that for the purpose
| OF intlmidating the defendant, Cum
mings, and o: the purpose OF causing
him TO abandon his suit against the
Bank, the directors OF that institution
procured fivr indictments against him
| charging rmbe2zlement.
On the 18th OF February, 1893, Cum
mings brought suit against - bank
| TO recover the sum OF 50, 6626O,
the value of the securities real aud
personal hold by the bank In excess OF
his alleged Indebtedness. Tho COM
plant then goes on to say that Mr..