The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-01-28
He Wants $500 Of a
Massilion Company.
FRAUD IS ALLEGED
Representations Used to Get
Him TO Take Stock in the
DauntIess Company
Asks for Rec csiver.


John A. Berger of Canton, has
commenced two suits against John II.
Reynolds, J. Fl. Beal and others, men,
bers of the Dauntless Manufacturing
company, of Massillon. The company
is engaged ;, in manufacturing gas
stoves. are lights and other appliances.
1t is asserted in the petition that
the defendants represented to the
plaintiff that the company was incor-
porated with a capital stock of $780,
600, that it's Indebtedness was but
$1,000 and assets S16,400. BY these
representations, Berger was persuad-
ed to take stock in the concern in the
sum of $500, and gave a check for
that amount to the company. The
agreement was that he was to receive
stock in that amount, but that while
he has demanded the stock it has never
been given him. @He has discovered
that the company never was incorpor-
ated, that it has no capital stock to de-
liver, that it's debts were over $4,000
and that the assets are from $4,000
to $4,000 less than were represented to
him.
The plaintiff demanded the return
of the $500 upon this discovery, but
the request was not complied with
1 and the action is brought to recover.
A. judgment is asked for that amount
with interest.
THE SECOND ACTION.
Another petition was filed by Mr..
Berger asking that the pretended COM
pany be dissolved by the courts and
that receiver be appointed to take
charge of the affairs of the Dauntless
company, as it's affairs are Zaid to be
in bad shape. A temporary injunction
was allowed by the court to restrair
any of the company from disposing
of their stool: or interes. or encum-
herring it. The prayer of the petition
asks that the property be sold and the
proceeds be applied to the payment Of
Berger's claims pro rata with others
who may have, ?, legitimate claims
against it.
Attorney A. A. Thayer represents
plaintiff in both cases.
MALICIOUS PROSECUTION.
John Helwig, who was arrested be-
fore Mayor Robertson on the charge
of burglary and larceny, and who lay
in the county Jail three months await
ing the action of the grand jury, has
sned the parties who had him arrested
for 81 900 damages for malicious pros
ecution. The defendants are Hyman,
Samuel and Anna Noll, who were the
him of entering house and stealing
quantity of rubber and brass. When
the case came before the grand jury
no indictment was returned. Helwig
deems himself damaged in character
and reputation in the amount asked
for. w. ]. Piero is his attorney.
WANTS INSURANCE.
Efie A. Hirst has filed petition in
common pleas court asking that the
Equitable Life Insurance company be
compelled to pay her S2,482 which she
! claims is due her on her husbands life.
|
for $500 at the time of his death, but
the company has refused to pay the
widow the amount, on the ground of
some irregularity or failure to pay the
premium. Attorneys Webber and Tur-
ner represent the plaintiff.
PROBATE COURT.
Kate Zimmerman and John Zimmer-
man, OF Alliance, have each commenced
an action against the Lake Erie, ALI
ance and Wheeling railway company
to compel it to appropriate the right
of way along Mechanics avenue in that
city, in front of certain property own
ed by the Zimmermans. 1t is claimed
that the company was notified to do SO,
but it refused and suit was accordingly
brought in probate court to force the
defendant to do so. Attorneys Rogers
and Hart represent the property own
ers.
In the estate of Christian Gross, of
Alliance, the final account has been
filed.
In the estate of George Casper, of
Sandy township, the will has been ad-
mitted to probate. Citation to the wild
ow to elect has been ordered and Geo.
u Casper appointed executor.
In the guardianship of Oliver Yost.
of Perry township, inventory has been
fled
In the guardianship of Louisa Fry,
of Canton. guardian has been ordered
appointed.
In the guardianship of Gregory Girls
well, of Canton, petition to sell real
estate has been filed.
IL LADS UNDER BOND.