Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-11
CURTAIN GOES UP
And Reveals New Complications
in the Opera House Trouble.
A HOLDER OF 80 SHARES
Of Stock in the Company Asks the
Court to Appoint a Re-
Ceiver.
. HOLDER OF 80 SHARES

The Grand opera house property is still
playing an engagement in the courts Of
Silver Bow county. This morning Alfred
Eustis, through his attorneys, Bender &
Alley, filed in the district body a suit
against John H. Curtis, e. L.. Chapman,
Charles O'Donnell and the Grand Opera
House company, the action having as it's
principal object the appointment of a
receiver for the property and an account
ing for the profits alleged to have been
derived from it. The complaint reads as
follows:
Comes now the above named plaintiff
and complains on behalf of himself and
all others similarly situated and of all
creditors of the Grand Opera House COM
pany, who shall in due time come in and
seek relief and contribute to the expense
of this suit; and for his cause of action
against the above named defendants al
leges: First, that the Grand Opera
House company during all times herein
mentioned was and now is a corporation
duly organized, created and existing
under and by virtue of the avs of the
state of Montana, having it's principal
, place of business in Silver Bow county
VI Sdlu STATE. lIdl Stlu COIpOIdllOI,
from the goth of October. 1886, until the
2sth of December, 1898, was the owner Of
the west IA feet of lot No. Is, and the
east 171a feet of lot No. 16. in block No.
| 20 of the original townsite of Butte, to-
gu5her with that certain building thereon
known as the opera house; that at all
times the property was and now is
worth $40, 900. That the rents, issue and
profits derived from the said property
amount to $500 per month for each and
every month during the time mentioned
in this complaint. That said corporation
has a capital stock of $50, 900, divided into
1900 shares of a par value of $25 each, of
which 1850 have been subscribed by
and issued to the stockholders of the
corporation. That plaintiff has owned 80
shares of the stock since November 2,
1896. That on or about January 1, 1897,
the defendants, E. l.. Chapman, Charles
O'Donnell and John Mcguire and James
A. Murray, took possession of the opera
house, received the rents, issues and
profits therefrom, and occupied the rela-
ton Of trustees for the stockholders until
about January /, 1898. That said parties
ait no time accounted to the corporation
for the rents, and converted the same to
their own use in a sum to exceed 81, 1000,
and have permitted them to become
wholly lost to said corporation. That
the defendants, John H. Curtis, E. L.
49," -" ~
all times since on or about the first of
January, 1898, and now are trustees of
the corporation, constituting the board
of trustees; and John H. Curtis is presi-
dent of said corporation and board Of
trustees. That the defendants as such
trustees received the rents and issues
and have converted them to their own
use and the use of others. That on D.
cember q, 1897, the property was sold
under execution on a certain judgment
against the corporation by the sheriff to
Silas F.. King for $1,O72.42, and John H.
Curtis, E. l.. Chapman and Charles
ODonnell as trustees and officers of the
corporation failed. neglected and refused
to redeem the property within the pre-
scribed time; and the time for redemption
has expired and the property is wholly
lost to the corporation to it's damage in
the sum of $4,000. That the defendants
have managed the affairs and property
to the entire loss Of the rents, issues,