The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-20
SUIT BY BRITISH INTERESTS OF
MINNESOTA PACKING AND PRO-
VISION COMPANY
AGAINST SHUFELDT ET AL,
TO GUST THEM FROM THE POSI-
TIONS THEY HOLD In THAT
CONCERN.
AND HAVE RECEIVER NAMED.
Complaint Alleges That New Brigh-
ton Company Is AntagOnistic to
the Other Interests.


Legal proceedings have been insti-
tuted to Gust Philip Shufeldt, Frank
Clifton, William McCaw, Harry Fowler
and Gilbert T. Spilman from the man
agement of the Minnesota Packing &
Provision company. The action has
been anticipated for some time 1t is
brought in the district court by the
Minnesota Packing and Provision com
pany, limited, a corporation of Great
Britain.
The matter made it's first appearance
in the district court yesterday when the
law firm of Davis, Kellogg & Severance
applied to Judge Lewis at chambers for
an order to show cause why Philip Shu-
feldt, the president Of the Minnesota
Packing and Provision company, and
his associates, should not be removed
as officers of the company. The gen
eral ground Of the application as set
forth in a voluminous complaint is that
Mr.. Shufeldt and his associates own in
terests in rival concerns that conflict
with those Of the Minnesota Packing
and Provision company. The complaint
in substance is as follows:
The complaint charges that the
Minnesota Packing and Provision com
pany has a lease Of the buildings at
South st. Paul, belonging to the Union
Stock Yards company, which expires
on Jan. l. 1898; that all the stock of the
Minnesota Packing and Provision
company belongs to the plaintiff, the
London company. which was organized
for the purpose of holding the stock
and carrying on the business of the
Minnesota Packing and Provision COM
pany, and of the st. Paul Refrigerator
Car company. That Shufeldt and his
associates are the directors and officers
Of the Minnesota Packing and Provis-
ion company and of the st. Paul Re
frigeratOr Car company, though haV-
ing no interest therein except one share
each qualifying them as directors anu
officers, and that they have cOnspired
and cOnfederated together for the pur-
pose Of running the business Of the
Minnesota Packing and Provision COM
pany and of building up a business at
the Twin City stock yards in Mime
apolis, and for the purpose Of building
up a business for the Dakota Packing
company; that, in furtherance of such
scheme, plaintiff alleges that on or
about Jan. 6, 1896 said Shufeldt caused
to be incorporated the Dakota Pack
ing company, together with certain
dummies as incorpOratOrS, but that the
stock of the corporation all belonged
to Shufeldt and his associates; that
they started the Dakota Packing COM
pany about April l, 1885, as rival con-
Germ at South St. Paul, and that after
said Dakota Packing company got TO
doing business, they practically shut
down the Minnesota Packing and Pro-
vision company, and ceased to kill any
hogs whatever That this was fraud
upon the stockholders of the Mime
sofa Packing and Provision company,
which company has ample facilities for
carrying on the business, and for doing
all the business at South st. Paul.
Plaintiff further states in it's COM
plant that the Minnesota Packing and
Provision company purchased at eX-
Orbitant prices the product of the Da~
kota Packing company and furnished
the capital to run it's business without
compensation, and that Shufeldt and
his associates have received an income
which has exceeded 100 per cent on the
capital stock since the company was
organized, while the Minnesota Pack
ing and Provision company, as Shu-
feldt states, has lost money.
1t is further alleged that in further
ance of the scheme said Shufeldt has
failed to put up ice sufficient to carry
on the business of the Minnesota, Pack
ing and Provision company, thereby
intending to ruin and destroy it's bust
ness, and that he and his associates
entered into a scheme with Min
neapolis people unknown to the
plaintiff, for the purpose of building up
a rival business at the Twin City yards,
and to destroy the stock yards and
packing business at South ST. Paul
and that in furtherance of said scheme
said Shufeldt did, on or about March
l, 1897, start a rival business at the
TX1vin ride a1o =
has offered a higher price for stock
than he at the same time offered for
the same stock at South St. Paul. That
he has taken several carloads Of the
machinery necessary for the use of
the business from the buildings occu-
pied by the Minnesota Packing and
Provision company, at South ST. Paul
and has converted them to his own use
in his packing house at the Twin City
yards. That he has pursued the same
tactics as to his business at the Twin
City yards as he did al the Dakota
Packing house, towit, selling the prod
uct at eXOrbitant prices to the Min
nesota Packing and Provision COM
pany, thereby selling his product to q
concern Of which he was the managing
officer. That he has allowed the ma
cEinery and buildings at South St
Paul to get out of repair and intends
absolutely to destroy the stock yards
Gnu PciNfNili5 buClllNSS al ESOulil 81 dCl
That by his mismanagement and I'M
lawful acts the business Of the Min
resota Packing and Provision COM
pany has been greatly damaged and
injured, and plaintiff asks judgment
that said Shufeldt and his associates
be removed and suspended as directors
Of the company and that a receiver be
appointed to take possession of the
properties, and that said Shufeldt and
/ his associates be enjoined from dis
posing of or converting to their own
use the assets of said companies, ana
that they he compelled to account for
the unlawful profits they have made
while occupying the fiduciary relation
| to the Minnesota Packing and Provi-
| sion company.
In the case are a number of afida-
| Wits and letters and so widespread is