Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-09-18
WANTS RECEIVER
APPOINTED.
Affairs o'tho EIgIo Creamery V''''
paay Said to be in Bad Shape
saws the business Is mi'man's'' "
Worse aud george ne'ar'
1oll-Hearlng Tomorro"

,obn A. Hobbs filed a suit against
tbe EigIn Creamery company a. 20
Worse and George Mccauon. in me
Third district court today praying TOT
she apooIntmcnt OF q r1oeiye anpo"-
cred with authority TO investigate a'
tho books Of accounts, checks pap-I'
and vouchers Of the defendant company
and to report to the court @ s'a'an.u'
Of the conditions existing between 'h'
Elein company and The individual de-
PENDANTS.
The complaint sets forth 'nat U.s.,
Elgln Creamery company was orgaii'.4,.'l
January lst 1905, with the deIelile'.''
George McCarroIl president ana b'I
eral manager. and the defendant a. %
Worse. secretary and treasurer VI lle
ggW shares OF stock issued and OUT.
standing plaintiff says be IS owner Oh
7i0 shares. The board Of directors
consists OF the defendants hclaIIou
al worse plaintiff. A. L. H9ppaugh ana
George @. Armstrong Hopplush iill5,
complaint alleges, ls the c9nhlenlliiii
friend and legal adviser OF McCaiiyu
and Worse. and entirely devoted 90 lheIi
interests. Il Is further 7ei out ihll
Hoppaugh Is the holder OF one snare
~ siock and n member OF the board
simply Tor the purpose OF cnsurn8 lhe
control thereof by and On The Interest
u McCauoIl and Worse, lt IS thth
alleged that the two latter gentlemen.
who are owners Of 1900 shares OF stock.
have 30 uniformly and penlsteniIy
managed the Affairs OF the corporation
as 10 sdbseWe their own individual IN
terests and 70 lead plaintiff 90 believe
that bis stock. which plaintiff values
at 1880. Is almost valueless,
The complaint then goes on 10 recl'e
that the business OF the corporation
viz: the supplying at retail Of milk and
other dairy products % The citizens OF
Salt Lake-'is q legitimate and prohi-
able one, and n properly. honestly and.
lawfully managed, win yield substantial
dividends 90 the stockholders. The tnl-
lowing instances Of alleged fraudulent
acts and omissions on the part Of Nc
Carroll and worse are set out
"A credit 70 the Elgln Dairy company
"a partnership consisting OF said Nc
Carroll and Yorsel OF Sls1ii, Tor freight
charges paid on certain bottles belong
ing to said partners on December ith,
1899.
"A credit to Elgin Dairy company Of
500 on account Of freight upon certain
machinery belonging TO said partner
ship
"A credit TO the ElgIn Dairy COM
pany on account Of S2i3 for moneys paid
out TO certain persons for the digging
Of well on real property OF the part
nership IN 1892 long prior 20 the forma-
ton Of the corporation
"A credit 10 the Elgin Dairy COM
pany Of 1886 Tor moneys pretended 10
have been paid 70 the Sanitary MIR
company on account Of the corpora
tIon."
II Is also alleged that the defendants
have Wrongtully used the time and
services Of employees OF the ElgIn Dairy
company IN the work OF keeping the
books and collecting bills. more partic.
ularly the services OF Doe and Granger.
20 The extent Of not less than $3.50 IN
value Funds, 1t Is further alleged.
amounting IN the aggregate 20 Sgj.32.
belonging 20 the company. have been
paid ON the private indebtedness OF
McCarroll and Worse.
The defendants have also, the com.
plant alleges failed and refused 10
Keep proper entries OF transactions. and
as an Instance, plaintiff cites the alleged
fact that on January lst last. milk
tickets OF The value OF $500 were issued
To customers, OF which no record was
Kept Il has been the custom N the
defendants 70 pay out by check large
amounts Of money, but plalntIn SAYS n
Is impossible TO determine for what pur.
pose the money was paid out. for The
reason that no memoranda was kent
either upon the check stub or other.
wise. no report or statement showing
the condition Of the company has been
made since Il was Incorporated and
plalnun says the defendants have no.
peaiedlv stated that the eorporatlor
was not making anything.
Flalnuit believes the profit could not
nave been less than $1,000. and saws ne
FOUND out something through me- 0nJ.
ines OF an expert accountant whom no
employed az great expense 10 himself
Inc complaint then goes on 10 rsclte
ihat The defendants McCarroll ana
NoHe have grossly mlsmanagad tbs
oynpanys affairs, and that x they ans
aHoWel 70 continue the business MIN
be ruined. The mismanagement ulaln-
tiH says consists IN this that tha de-.
iendahN repeatedly made use of con-
yam aaulleraung compounds In the
manufacture Of cream. The use Of tbs
,9rug was kept q secret but whom n
becomes known, plaintiff thinks M. ds'
4enQanN viii be liable 40 crInir,l
prosecution The preparation use3 bv
gelshlants unknown TO plalnu0 hui
s'e ptlle'es u contains acids DESIGNED
lo preserve the cream from doforIor,.
u9h as We'll as 20 add 20 40 thIcko.ss
IN conclusion plaintiff alleges thaftba
utlenQanis AcCar0I and Vorso 49,
excluded him from am parucInatlo,' y,
we oolnpanys business Affairs and H.
tlues nave given mmIstak8b,a I'D
ssenoes OF Personal hostility t1wsri,
nun lie therefore puys f5r tbs an
poilIment Of receiver 10 rarry ,r H.
business etc. until the further "rIsr
OF the court. '''' ''@ei
Ihe detendans hled an answer to8,,
uenying the material alterations ~ ~,
complaint AZ the time IN tbs in nv. ,.1
Iolauon plaintiff defendants say r.n
Resented himself TO be a compstsTt l lgp,
. assist in the business. and un6n s ,,,al
ne was employed at d rerl9r ' s,i l-,n
i t,a1er u was discovered dad pIsig'ie
HneW nothing Of the milk cream ar5
.os cream business ana worse as s o.1
Ieiai{ discharged him Dsf,rss...'
t tsA tnel the appointment Of a rsrsiy,.
IN, Lne motion to appoint some nm.
,,gg9E aiter The c0mpany's aF.r.. ', S9
row morning. 'i'''s 'olnoT-
ESTATE or r. II. RoRFprsov