The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-16
AGAINST THE TRUSTEES
The Kenyon-Connell Company's
Receiver Brings the Suit.
FOR PERSONAL LIABILITY
Asks for the Value OF the Judgments for
the Damages and Also the Damage
Resulting to the Company
by the Explosion.

A new move was made in court yes
terday to hold the trustees of the Ken
yon- Cornell Commercial company per-
sonally liable for some of the damages
caused by the big explosion and to get
from them not only the value of the
judgment for damages obtained against
the company, but also for the damage
resulting to the company itself by rea-
son of the destruction of its property by
the explosion. William *. Quarels. re-
ceivef of the property of the company,
applied to Judge Clancy and obtained
permission to commence suit against
NJ. j. Connell, w. K. Kenyon, u. w.
Tibbey, A. II. Wethey, c. II. Palmer
and j. e. Gaylord trustees. at different
times, of the Kenyon-E Council company,
ana an action was Instituted in the
afternoon for $S1,59i.33 which the de-
PENDANTS are alleged TO owe the COM
pany.
The suit is in some particulars identi-
cal with the one brought some time
ago by Emma J.. Rueger, a stakeholder
in the company, in which it was argued
that the company or trustees We're not
liable TO a stockhoder or a third party,
and that If an action could be main
tanned it would have to be brought by
the receiver against the trustees \
number OF new allegations are made in
the RECEIVER GbiiAl'iAiiil IL IL stttSsGd
that 0uareis was appointed receiver on
the application of Emma L.. Rueger, of
all the property of the kenyon-Connell
company. that the latter has been
corporation since Dec II, 1891. with
capital stock of $4,000, divided into
$500 shares of the par value of 800.
that NJ. j. Council and w. r.. Kenyon
are now and always have been trustees
of the company; that Palmer and Gay
lcrd have been trustees since Feb. -,
1882; that Tibbey and Wethey have
been trustees einCe February 20,
1893. The complaint sets up the ale
cations of the unlawful storage of pow
der and the facts Of the explosion. 1t
is alleged that the defendants neglected
to exercise proper supervision over the
affairs of the corporation and wholly
neglected to avoid the unlawful stor-
age of powder in the warehouse or to
take steps to prevent such powder be-
ing stored in the manner in which II
was, 1t is alleged that each of the de-
PENDANTS knew that the company was
engaged in buying and selling large
quantities of powder, but neglected to
take any steps to see that the company
took proper measures TO have the pow
der stored in safe place in accordance
with the requirements of the law. After
the allegations relating to the explosion
and the killing of a large number of
people the fact is recited that on Jan.
u, 1896, Sophia Goddard got a judgment
against the company for $4,000 damages,
and that on March I. 1896, Joseph Mi
1anO obtained u judgment for 81 900:
that on the l1tlT OF last December Anne
LA Sloan got another judgment for Sl5,-
600 and on Dee is Mary T. Brinck OBJ
tanned one for an equal amount by
reason Of the explosion. il is alleged,
property Of the corporation 10 the value
of S3g ~ NJ WAS DESTROYED and by fea-