The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-11-30
Such Is Charged to Him by Boston &
Iontana-says He Has Designed
to Destroy It and Aid M.
o. p. Company.

and asking a receiver for the property,
and in which MacGinniss alleges that he
owns 90 shares of the Boston & Mon
tana stock, and brings the suit to pro-
tect himself and other minority stock
holders in a similar situation to him.
Alleges Great Loss.
He alleged that the defendants would
permit the Amalgamated company to
take possession of the Boston & Mon
tana property greatly to his loss and
damage unless restraining order was
issued and receivershp for the prop
erty created.
Summons was served upon the de-
PENDANTS answering, but not upon the
Others, who are not in Butte.
The separate answer admits that Mac
Ginniss owns the SO shares of stock but
denies that the stock was purchased or
Is held for the reasons and purposes given
in his complaint and it alleges that the
shares were acquired and are held by
MacGinniss for the purpose and with
the intent of enabling him to bring ac-
tions as a shareholder in the Boston &
Montana for the purpose Of embarrass-
ing that corporation in the lawful and
proper conduct of its business"
Shareholder and Officer.
The answering defendants say further
that MacGinniss is a shareholder and
managing officer in the Montana Ore
Purchasing company, and that the latter
Is asserting ownership to large bodies of
valuable ores within the boundaries of
the Boston & Montana's claims, and is
engaged in extensive litigation against
the latter company and Is engaged in
converting to its own use large bodies
OF valuable ores belonging to the latter
They add that MacGinniss bought the
stock with the intent ito aid the Mon
tana Ore Purchasing company in its ef-
forts to injure defraud and harass the
Boston & Montana company, and that
since buying the stock MacGinniss has
brought numerous suits against the Bos-
ton & Montana, in which he falsely and
fraudulently charged numerous acts of
frauds and mismanagement against its
officers and directors.
Odd Allegations Made.
The defendants say that these actions
and the present one were all brought
mot for the protection of any interests
of the plaintiff as a shareholder in the
Boston & Montana, or for the protection
Of the defendant corporation itself, but
solely with a view to harassing, annoy
ing and injuring, ana if possible destroy
ing the Boston & Montana company in
the interests Of the Montana Ore Pur-
chasing company"
The answer denies that there any pres
ent disputes between the Boston & Mon
tana and the Amalgamated companies,
and says that the defendants answering
have no knowledge upon which to base
a belief as to what disputes may arise
in the future.
It denies the assertion of MacGinniss
that the Amalgamated company has no
l~Ao O.
asserts that the former is the lawful
owner and holder of more than 80 per
cent of the capital stock of the Boston &
Montana company.
Charges Are Denied.
The answer denies that the Boston &
'Montana's directors ever conspired to al
control of the property and business of
the company, or that the defendants have
any intent to permit the business or
property of the Boston & Montana to be
managed or controlled in any way other
than Is lawful.
The answer denies that the defendants
have ever delivered to the Amalgamated
company or allowed the latter to take
any sum of money belonging to the
Boston & Montana.
It also denies that the directors of the
Amalgamated are, or ever will be. in po-
sition to determine that valuable ore
bodies belonging to the Boston & Mon
tana do not belong to it.
The defendants deny that anybody will
be allowed to vote at any Boston & Mon
tana stockholders meeting upon any
stock not lawfully held by him, and deny
that the Amalgamated company will be
allowed to register upon the Boston &
Montana's books any stock 1t does not
own.
The defendants admit that they will,
unless restrained by the court. pay divi-
dends to it's actual stockholders, but deny
that it will pay dividends to persons not
owning stock.
Fraud Is Disclaimed.
The answer denies that the directors
of the Boston & Montana are unfit and
improper to act as officers and directors
of the company. and deny that their con-
duct is, or has been. in fraud of the
rights of MacGinniss and those similarly
situated with him.
AS to whether the shares of the Boston
& Montana will be owned. held or
claimed by the Amalgamated company in
the future the defendants answering are
unable to say.
The answer says that MacGinniss
brought an action last July against the
Boston & Montana and the Amalgamated
companies in the state court and that
It covered the same matters as are at
issue in this suit.
The defendants say that the July suit
~as transferred to tho United States