The San Francisco call., 1898-12-01

formed and believes, since sold and disposed of and for which he has re- ceived in payment certain moneys, bonds, stocks and securities of the value of $500, 900. And this plaintiff fur ther ayers that the said defendant now has and holds in his hands as trustee for this plaintiff, and as the proceeds of the said half interest in said % 800 shares, the one-half of the said moneys, bonds, stocks and se- curities so taken by him in exchange ture of which this plaintiff does not and cannot aver because the knowl- edge thereof has been kept by the defendant and concealed from this plaintiff, but the value of which, as this plaintiff is informed and believes, is not less than $250 900.
 ".
 And this plaintiff further ayers that during all the time that the said stocks were so held in trust by the said Carr and during all the time that the said defendant has held said stocks as aforesaid. he, the said defendant, managed, controlled and manipulated the affairs of the said Los Angeles Consolidated Electric Railway Com pany so that no dividends were paid upon the said shares of stock, and while the said rail- way company was not paying and
 
 the interest thereon the said defendant made and realized large sums of money out Of his management of the said property, the said defendant during that time being In receipt of not less than $50 coo per month of income from the operations of the property of said railway company. That the ownership of the said 5,500 shares being fifty-one per cent of a majority of the entire capital stock of the said railway com pany, so held and owned by said plain tiff and said defendant, enabled said defendant under the aforesaid arrange ment, to manage and control the af- fairs thereof. and this plaintiff was and is entitled to one-half of all sums and amounts realized, had and ob- tained by him, the said defendant, through and by means of the opera, uons and management of the said railway over and above operating ex- penses, The aforesaid averments are on my information and belief and l believe the same to be true.
 That as this plaintiff is informed and believes, said defendant, while so 6 in the management of the affairs of said Railway Company and while handling and controlling the income and funds thereof. misappropriated and used the funds thereof and invested the same In other property and enterprises, the exact nature of which are unknown to this plaintiff, and converted and used large sums of such moneys for his own use and benefit, one-half of all Of which belonged to this plaintiff and of which said defendant became and was and is the trustee of and for this plaintiff.
 Wherefore this plaintiff pravs that an accounting be had between said de- fendant and this plaintiff of all the buSlneSS transactions between them and particularly of and concerning the sald 2o,5O0 shares of capital stock of the Los Angeles Consolidated Electric Railway Company, and of all sums, amounts, properties, stocks, bonds. or 9tRer thlng or value received by said defendant for, in exchange for, or upon the sale or disposition of the said shares or any part thereof, and of all sums Of money in any received by said defendant as the trustee of or for tnls piaintln, and of all stocks, bonds, securities or property of any kind ac- qulred or held by said defendant through or by reason of the said trusteeship or through or by virtue of the Sald ownership or arrangement as to the said 2, 800 shares of stock.
 And plaintiff further prays Judgment agalnSt said defendant for the sum of S250,OOO and interest, and for all such other sums and amounts as may be tound due or owing from said de- fendant to this plaintiff and for gen eral relief and costs
 DENSON, OATMAN & DENSON.
 Attorneys for Plaintiff.
 State of California,
 City and County of San lss.
 Francisco
 H. G. Meyer, being first duly sworn. deposes and says that he is the presi, dent of the Pacific Bank, the plaintiff Tn the above entitled action, that he has read the foregoing complaint and knows the contents thereof; that the same IS true of his own knowledge ex- cept as to those matters which are therein stated on information or be- iief, and as to those matters that he believes it to be true. That plaintiff IS corporation. and the facts are within the knowledge of afflant. and therefore, he makes this 'verification on behalf of plaintiff. Subscribed and l
 sworn to before
 me this 30th day
 of November, 1898
 N E MATS0N IT ~ arrrD