Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-03-10
the Company's property, to be made by
the aSSipnap

Inc assignee AYERS That II Oidtoi
ever purchased the property, he ala SO
with the intention and purpose OF TURN
ing it over to the North Penn Compa-
ny, of which he was then a director
and salaried officer; that, IN account
ing for the property to the person VINO
conveyed it to him, Clator paid or con-
tracted to pay only $1,000, 50 II the
notes were valid and binding upon
said Company Clator would be Dounu
in equity to account to the assignee
for the sum of $500, the amount OF the
profit thus inequitably and frauuu-
lently attempted to be made at the ex-
pense of the Company whose trustee
he then was.
Clator asserts that he is further en-
titled in the distribution of the Com
pany's property by reason OF a note
purporting to be made by the Company
for $33550. 1t is alleged by the as
signee that the consideration pretended
was on account of services by Clator
to the Company between May 1st and
November goth, 1897. The assignee
alleges that the services were for but
a few days during that period, large
ly unnecessary, and wholly unauthor-
lied, so that the note is wholly With
out consideration, and nothing is due
to said Clator. 1t is alleged that Cla-
tor, Halter and Mckown employed a
larger number of bumpers than was
necessary, two being sufficient, but as
matter Of fact they employed four per-
sons, who were their relatives, who
were paid at least 50 rs per cent.
more than would have procured the
services of able persons. This con-
tinued from March, 1896, until Decem-
Der, 1897, and occasioned a loss to the
Company of at least 81 900, which sum
Halter, Clator and McKown are IN
equity bound to account for.
All the actions and dOings aforesaid
of Clator, Halter and McKown, as al
legged by the assignee, were done
through and in pursuance OF conted-
Grafton. combination and conspiracy or
the said Clator, Haller and Mchown,
to iniure and defraud the Company
1.-The share of the production OF OIL
which has fraudulently gone TO ca
tor. HaIler and McKown was run into
the pipe lines of the Eureka Pipe Line
Company. and were, for the most part
sold and turned into money. An ex-
act account of the oil so run can only
be shown by the said Pipe Line Com
pany. The assignee alleges that there
is now in the line Of the Company
some oil 20 the credit of Clator, Halter
and McKown, which oil, as well as any
which may thereafter come into the
lines on account of the share of the
said parties, is in equity the property
of the assignee.
'The assignee prays that the North
No,
Clator. w. H. Halter, H. l.. Mckown,
George H. Jones, Dennis Williams, ana
the Eureka Pipe Line Company may
be parties defendant hereto and answer
according to law; that the SAID Ga
tor, Halter and Mckown may each
answer and show the amounts re-
ceived by or credited to them by rea-
son of the matter set forth mere; that
an account may be taken OF tne
amounts so received, as we'll as OF the
other amounts with which they are
chargeable as set forth; that the Eure-
ka Pipe Line Company may state ana
show the amounts of oil IN Whlch the
said Clator, Halter and MckoWn mad
or claimed any interest, as wen as inc
amounts of money which were palu
or credited to them On account OF such
oil: that the Eureka Pipe Line Colil-
pany may be enjoined from paying,
crediting or delivering to Clator, Hal
Ter or McKown money or other things
on account Of the production Of any OF
the leases aforesaid, or of any share Oh
such production; that Clator may be
enioined from setting up, collecting
or suing upon either of the two notes
held by him and pretended to have
been made by the said Company; that
the Eureka Pipe Line Company may be
decreed to pay and transfer TO the as
signee any moneys or oils now or
hereafter in its hands, to the credit OF
Clator. Halter or McKown, or IN when
they claim an interest by reason OF the
production upon any of the said leases;
that Clator, Haller and Mckown may
be decreed to pay to the assignee the
amounts in which they may be tound
to be indebted, or liable to the Com
pany. or to the assignee, by reason q
the matters hereinbefore set forth, ana
that the assignee may have such other
and further and general relief as the
nature of his case may require, OF 70
equity NAV seem meet"