The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-12
THE LITIGATION BEGUN
Suit Against the Trustees of the
Opera House.
A RECEIVER ASKED FOR
The Stockholders Also Want 100000
as Damages for the Loss of the
Property and the Rents
-. ... and Profits. ~

| ne expected litigation over the
| Grand opera house was begun yester-
day with suit brought in the district
court against the board of trustees and
| the Grand Opera House company for
the appointment of a receiver and for
about 100000 damages, representing
the loss of the property and rents and
profits to the stockholders The suit
| was brought by Attorneys Bender and
Alley, representing A. Eustis, stock
holder, and the defendants named are
! John FL. Curtis, E. L. Chapman, Charles
| ODonnell and the Grand Opera House
company. Eustis says in his complaint
| he brings the suit on behalf of himself
and of all others similarly situated and
q all creditors of the Grand Opera
House company who shall in due time
| come in and seek relief and contribute
! TO the expenses of the suit Continu-
ing, the complaint says that the Grand
| Opera House company from Oct 20,
1895, until Dec. %, 1898, was the owner
| OF the west IA feet of lot IA, lot Is and
| the east 17k feet of lot 16, block 20, of
| the original townsite of Butte, together
with the building thereon known as
| the opera house, which property is
! worth $4,000 The rents, issues and
| profits derived from the property
amount to $500 a month The corpora
| ton has capital stock of $4,000,
| divided into 1000 shares of the par
value of S25 each, of which 1880 have
| been subscribed by and issued to the
stockholders of the company The
plaintiff, since the I'd of November, 1896.
has been the owner of 80 shares Of the
stock. On the LIST of January, 1897. the
defendants, E. L. Chapman and Charles
ODonnell, and John Mcguire and
James A. Murray, took possession of
the opera house, received the rents and
| profits therefrom and occupied the re-
lation of trustees for the stockholders
CT the corporation until about the LIST
of January, 1898. The parties named at
| no time accounted to the corporation
TOR the rents and profits received by
them as trustees and converted them
20 tnelr own use in sum exceeding
Slo00, and have permitted them to be
wholly lost to the corporation.
The defendants, John H. Curtis, E. l..
chapman and Charles O'Donnell have
been, since the LIST of January, 1898, and
now are the trustees of the company
constituting the board of trustees, ana
Curtis is also president of the board
The defendants. as such trustees, re-
celved rents and profits from the prop
erty to the amount of at least $1,000
| and have converted them to their own
use and permitted them to be entirely
lost to the company.
On Dec. 81, 1897, the property was
sold under an execution on a certain
Judgment against the company by the
sheriff to Silas F. King for $1O7242 and
John I'll. Curtis, r. L. Chapman and
Charles ODonnell, as trustees and Off
GERS of the company, failed, neglected
ana refused, to redeem the property
from the sale at any time within one
year thereafter, or at all, and the time
for redemption has expired and the
property is wholly lost to the company
TO It's damage in the sum of 400OO
The defendants, Curtis, Chapman and
O'Donnell, as trustees, have managed
the affairs and property Of the company
in such careless and negligent man.
ner that there has been an entire loss
of the rents and profits, property bust
ness and effects of the company in a
sum to exceed $4,000, and have abso-
lutely destroyed the corporation itself
and the object for which it was Gre
ated.
The Grand Opera House company is
indebted to it's several creditors in
sum to exceed $4,000 and is insolvent
and unable to pay these debts, having
no property out of which to satisfy the
claims of the creditors. The defend
ants, by their failure and neglect as
alleged. have lost all the estate, title
and interest of the corporation in and
to the opera house. property, and APP
proprlated the rents and profits thereof
to their own advantage and for the |
benefit of James A. Murray and Silas |
f. King, and the defendants and Muir |
ray and King have been and are CO.
operating and confederatng together
for the purpose of defrauding the cor
poration of its real property, business,
rents and profits. The stock of the
company and the shares owned by the |
plaintiff, and others similarly situated, |
will become entirely valueless and the |
claims of the several creditors will not |
be satisfied unless a receiver is an |
pointed by the court to recover the /
value OF the property toeether with the |
rents and profits derived therefrom
Judgment is asked that the defendants.
Curtis, Chapman and O'Donnell, be or
profits and for the value of the prop
erty, and that a receiver for the opera
house company be appointed to collect
and receive the debts and profits owing
and belonging to the company and to
institute such proceedings as are legal
and necessary to recover such profits
and the value of the property from the
defendants, and to ascertain the credi-
tors of the company and the amount of
their respective claims, and their
priority of lien and satisfy them. and
to ascertain the stockholders and dis
tribute the remaining funds among
them according to their respective
shares and interests.