The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-08-23

State Of Minnesota, County Of Henne-
PIN District Court, Fourth Judi
cial District,
Edwin G. Shevlin, Plaintiff, VS.. Thorn
as H. Shevlin, Defendant. Findings
of Fact and Conclusions of Law.
This cause, being at issue, and duly
on the April, 1904, general term cal
endar, came duly on to be heard be-
fore the court without a jury, on the
21st day of June, A. D., 1904.
Messrs. A. B. Jackson, T. n. kear-
ney, Eugene E. Prussing and Charles
w. Purple appeared as attorneys for
and on behalf Of the plaintiff, and
Messrs. Lancaster & MCGEE and A. Y.
Merrill appeared as attorneys for and
on behalf of the defendant.
Now, after hearing the evidence adj
duced by the respective parties, and
the arguments of their counsel, and
duly considering the same, and being
fully advised in the premises, the
court makes the following
Findings of Fact:
That plaintiff and defendant are
brothers; the former being In 1851
and the latter in 1852; and that both
are and since 1886 have been residents
of Minneapolis, Mimi, and that de-
PENDANT u.s. and for more than twenty
years last past has been engaged IN
the numbering business in said Min
neapolis and elsewhere, in the state OF
Minnesota; and that from about the
year 1886 to March, 1898, the plaintiff
was employed in different and various
capacities by the Hall & Ducey Lum'
Der company, and the Shevlin-Carpen
ter Co., of which the defendant was a
all times a large stakeholder anc
president and general manager.
II.
The plaintiff was married in Decem
her, 1895, to a. sister of defendant!
wife, and that at the time of plaintiff
said marriage the defendant gave II
plaintiff twenty shares Of the capita
stock Of the j. Neils Lumber company
q corporations; said twenty shares o
stock being Of the par value OF S2,0Oo
and that in the month of June, 1897
the defendant agreed to sell an
transfer to plaintiff seventy share
more Of the capital stock of the sal
J. Neils Lumber company Of the pa
value of $1,000, for $4,000, and to TAX
the plaintiffs note in payment there
for, with interest at the rate of pc
cent per annum; and that at the tim
of said sale and agreement the boo
value of said seventy shares OF stoc]
was over $4,000; and that defendan
made said agreement with the plant
if because the latter was his brothe
and in order to help and assist hin
financially.
That in the year 1895, this defend
ant, F. P. Hixon, e. P. Arpin, A.
Arpin, D. J. Arpin and H. G. Clark
organized, or caused to be organized
the st. Hilaire Lumber company, wit
a capital stock of 100000; the sal
F. P. Hixon, for himself and the estat
of G.. c. Hixon, which he represented
taking 40 per cent Of the capital stoc
Of said corporation, the said e. p,
l.. and D. J. Arpin, together taking
per cent thereof, this defendant takin
35 per cent thereof. and said H.
Clarke taking 5 per cent thereof; an
that said corporation was so organize
for the purposes Of conducting a ger
eral lumber manufacturing busine
at ST. Hilaire. in the state Of Mimi
sofa, and of buying and holding pir
lands in said state: and that on Sci
TENDER 9th, 1899, this defendal
bought of the said Arpins one-half
their holdings Of the capital stock
said corporation, to-wit, two hundrt
shares, and paid therefor the sum
$4,000; and that the said r. P. Hike
at said time purchased the balance
the said Arpins' holdings, to-wit, tv
hundred shares.
w.
That in the fall Of 1897 the defen
ant and the said F. P. Hixon co
ceived the plan of buying out all Il
mill plant lumber, logs and stun
age of the Red River Lumber cor
pany, located at Crookston, Min
and did 50 purchase the same, a.
later and in the month of Janual
1893 organized, or caused to be {
ganized, the Crookston Lumber COZ
pany, a corporation, with a capt.
stock of 100000, and turned over
said Crookston Lumber company t
said mill plant at said Crookston, a.
all the lumber, logs and stumpage,
purchased from the Red River Lul
Der company, and that the stock
said corporation was to be divid
equally between said F. P. Hixon a
the defendant; and that SO per &C
of said stock was SO Issued to Sc
F. P. Hixon and, upon his order
the estate of G. G. Hixon, which
said F. P. Hixon represented, and
balance of SO per cent was issu
upon the request and order Of defer
ant as follows, to-wit: Thirty-f
per cent to himself, 10 per cent,
one hundred shares, to the plain
herein, and per cent to H.
Clarke, and that plaintiff, upon
issuance Of said stock to him, gs
to defendant his promisory note
$4,000 in payment therefor, and 81
defendant held the said one hundl
shares of stock as collateral Secur