The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-05-28
ACTION INVOLVING.
WELL KNOWN
PEOPLE
Judge Fisk Trying Case of
Aneta Farmers Elev. Co.
VS.. Gunderson and sperry.

Judge C. ]. Fisk, who today began
a term of the Nelson county district
court, will tomorrow have his atten-
tion engaged with the trial of an action
entitled the Oneta Farmers Elevator
company VS.. J. G. Gunderson and NJ.
E. Sperry, who were former officers
OF the plaintiff company.
The complaint in this suit was filed
several weeks ago. 1t stated in sub
stance that MIR. Sperry had been the
secretary of the elevator company tor
some time past and Mr.. Gunderson
mad been Its treasurer. and that these
two have conSplreu together 10 cheat
anu deTraud the elevator company out
OF u large sum OF money, stated 10 be
ABOUT $IU,OuU, that In pursuance OF this
conspiracy they nave refused to render
accounts or surrender to their success
sorS IN ONCE the books, vouchers and
statements kept by them as the omcers
or the corporation.
These gentlemen subsequently made
answer through counsel alleging tnat
the suit Is utterly without tounuatlon
and is brought through spite and NAL
Ice on the part OF the present officers
OF the corporation: that on Sept. l,
1910, the new oIncers entered upon the
discharge OF their duties, Mr.. Sperry
anu MI. GunuersOn not having been
reelected. Inc complaint 1urtner
shows The amount winch Gunderson
as treasurer has received ON benalI OF
the corporation as Its treasurer, ana
that he mas kept detailed statement
OF every collar received and dlsDursed;
that not dollar has been expended
otherwise than upon 4e order OF the
manager or the DuardNf directors and
that there is now in Cumbersome
hands, OF money belonging to the
company the sum OF $50, ana no more,
when ne has always held and now
holds subject to the order of the COM
pany. lie admits that he has not turn
ed over certain statements and
vouchers relating to his transactions
as treasurer, but states that the COM
pany has had all his accounts examin-
ed ny an expert accountant at various
times, and tnat at the close of his Sec
ond year OF service, namely, ON Sept.
l, 1895, the last examination was had
and all the accounts approved of by
the accountant That the reason he
has not turned over the statements
and vouchers is that his successor in
office and the officers now in control
OF the corporation are incompetent
to manage the affairs of the corpora
ton and do not understand the keep
ing OF such accounts as are necessary
in it's business. But the chief reason
is alleged to be the hostility of Mr..
Gunderson's successor in Office and of
those now in control of the affairs of
the corporation. and that on account
of these facts. known to Mr.. Gunder-
son before any demand was made upon
him. he has declined to turn them over
except upon receipt of his successor
in office. that being the sole condition
imposed by him upon prompt sur
render. Mr.. Gunderson further states
that he has offered many times to have
his accounts examined by an expert
accountant. or BY any other competent
person, not unfriendly to him, and up
on the approval of such accounts. If
found correct. to turn them over in
return for a receipt. He further states
that he is willing to turn the accounts
over at this time upon the same con-
ditions. or to deposit them in court for
the inspection of the plaintiffs. and
asks for dismissal of the suit with
costs.
AS to Mr.. Sperry, in his separate an
swer, he alleges that he has long since
turned over all bookslapers and doc
uments under his control. belonging
to the plaintiff. except one blank check
book, which he says the company can
have if they want it. That there is
conspiracy between the defendants. or
any malfeasance in office, or any con-
version of funds, is specifically denied
Skulason & Skulason of this city
and NJ. A. Shirley of Aneta represent
the defendants