The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1908-07-04
GEORGE A. BLAKE and WILLIAM 5. EVANS,
Solicitors for the PIsinflii
Order Of Publication
FREDERICK A. MevAy. Plaintiff.
VS..
THE VENTURE CORPORATION OF AMERI-
CA, HENRY II. HrBSER. WILLIAM ].
BLACK, THE cEcIL NATIONAL bank or
PORT DEPOSIT AND THE cEciL MINERAL
COMPANY. Defendants
In the Circuit Court for Cecil County
In equity. No. 1850

PENDANT FIRST herein named. aud for other relief
The bill states:
l. That the plaintiff IL a citizen OF the State Of
Maryland, residing in the town Of Port Deposit
aud that OF the defendants. The Venture Corpora
ton OF America. Is a corporation, Organized, CT
istinR and doing business under the laws OF the
Stale OF Arizona having Its principal Office iocat.
ed In the city Of Pittsburg in the State of Penn
sylvania and ha"ing 70 President. Directors. of
hcers or Agents residing In the State Of Mary.
land upon whom process be served and that
the said Henry II. Hubner resides in the City Of
baltimore. IN the State Of Maryland. and the said
William J. Black resides in the city OF Pittsburr
aforesaid or elsewhere beyond the jurisdiction Of
this Court. and the said The Cecil National Rank
oil Port Deposit. Is a corporation Of the tinted
states doing business In the town of Port be.
posi aforesaid,
:! That the capital stock of the defendant, The
venture Corporation OF America, consists -of
10000 shares of common stock OF the par value
oi slvo per share and that the plaintiff u duly
qualihcd stakeholder thereof. owning 10000
shares, OF the full paid non-assessable stock
thereof.
l. That upon the organization. Of said corpor-
alton all OF It's stock was made full paid by the
issuance thereof for property in accordance
with the laws Of the State OF Arizona. and a. per
cent of said stock 80 issued was donated aud re.
turned to the treasury OF said Arizona corpora
ton by your orator and other stockholders there.
OF. TO be Mt once sold and used for the purpose Of
purchasing aud operating the Tale propcrty
hereinafter mentioned. 5.y
4. That the said Arizona corporation, subss.
ausnt To thel organization thereof. sold 10000
shares Of said treasury stock for the price Of ~
cents per share, a total sim Of $4,000. ieav.
ing stock IN the treasury at the present time.
unsod To the amount OF $4,000. and that sou.
90 shares Of the stock issued in addition to the
10000 shares held by the plaintiff. are held and
owned by number OF individual stockholders.
S. That said Arizona corporation was orsani.
cd Tor the purpose OF purchasing. owning. dcvcl.
opinR aud operating n certain piece OF tale prop
erty-or real estate, consisting Of twenty three
acres, more or less, located ri or near the village
Iof-Conowingo.. in the -sth, election district OF
Cecil County aforesaid, the cost price OF said
property being the sum of $4,000.
&. That on or abou, the 18th day Of February
IN the year 1915. the plaintiff acting for himself
individually and in his own right. entered into a
certain option contract with the said Henry u
liubncr and The Cecil Mineral Company Of Cecil
County aforesaid, wherein aud whereby the said
Henry II. iiubner and the said The Cecil Miner.
al company agreed to sell and convey at the op.
ton of the plaintiff, or before the 18th day Of
May. in the year 1905, the tale property described
in paragraph hereof. for the price Of SSgD.Oo
$50 in cash ON the signing Of said option agree
ment. aud the remaining NsOo,oo TO he paid on or
before May. 18th. lpn, a copy Of which agree.
ment or contract being flied with said bill as
part thereof. marked Exhibit A..
:. Tina, the said The Cecil Mineral Company
IL a corporation Of the State Of MARYLAND, doing
business and whose principal Office IL. in Cecil
County aforesaid.
:. That ON or abou, the 18th day of February
lPDs. the plaintiff entered into a written contract
with the said William J. Black, wherein and
| whereby the plaintiff pxrced to assign and sell,
aud did assign aud -tf all of his Interest in said
option contract mentioned aforesaid to the said
William J. Black, he agreeing to organize and
incorporate the said Arizona corporation for the
purpose OF taking over owing and operating.
said tale property, copy OF which said contract
| between the plaintiff aud the said William /
Black being flied with said bill AS n part thereof.
| marked Exhibi, r., 1t being agreed that the
plaintiff should receive as consideration for his
said interest 10 per cent OF the capital stock OF
| the said Arizona corporation.
.. That on or about the day Of February
itis, the said William J. Black, pursuant to his
said contract with the plaintiff, organized the said
Arizona corporation and assigned TO /, the aforc.
said contracts, set forth In exhibits aud afoTc.
said passing the entire interest and right OF I'm.
ally owning. acquiring and operating the said
tale property. to the said Arizona corporation a
| copy OF which said assignments being filed with
said bill. marked Exhibit { " and Exhibit, -"
respectively.
10. That pursuant to the purpose ior which
| said property was acquired aud the said Arizona
corporation was organized : The said defendant
| The Venture Corporation II America, employ ed
the plainit as manager. giving him full charge
| and con,rol'of the Opening styft ing aud CARRYING
on the business Of mining ayd mark citing the tale
underlying said property md that the necessary
| tools aud machinery were purchased. including
engine, saws aud other articles aud machinery TO
| the value OF about SiSDJ and the same was duly
delivered at the said property and placed in opcf.
alton on pf about March IS, l'ss, the plaintiff
| giving his cn.irc time aud personal supervision
thereto.
| II. That under the terms OF said option con.
! tract \ the said Arizona corporation. during
| the continuance OF said option had the right to
install machinery, and to mine. quarry and mar.
kct the tale product from said property. upon
iaymcni 10 the owners thereof Of the sum OF $40
per ton for all tale, mined aud marketed prior 10
May IS i"N over 81 tnus and on which date the
said Arizona corporation would receive It's deed
from the owners Of said property. ON the Iay-
mcnt to them Of the said remaining sum OF
SIHn.ul
y, That the plaintiff as manager TOT the said
Arizona corporation, acting los the authority OF
it, hoard o Directors aud pursuant to the powers
and duties of his said employment, started to
work aud oicn M the said quarry ON the said
property, aud employed laboTcfs and men for he
purpose OF operating and carrying un the bust.
ness aforesaid thereon and had everything IN such
excellent condition for work that said Arizona
corporation could carry on said work success
fully aud pfuhiably as to yield to It the sum of
about 81" iet ton net OF. ~ least $50 pct
iaN, net prnht
~ That ON or about April ,ud. igUs. without
authority Of the Board OF Directors OF said Arilo
No corporation aud without any notice
whatsoever, aud without any reason OF Just cause
the said William J. BLACK, it, President visited
the said property, IN the temporary absence OF
your orator aud DIRECTED all work, then going
on. To Ice stopped, and discharged the men EN-.
ploycd ly the plaintiff behalf OF the said opeI.
| aiing corporation, closing down the mine and
putting the same out Of operation, to the great
loss. damage aud injury OF the said Arizona cor.
pofation aud It's stockholders.
IL. THAT on OF about March 10Th. lyuS the said
William J. Black, President o the said Arizona
corporation, gave to your orator check for
the sum Of S,Sn.0l for the payment of the
wages oi the .aid men. employed as aforesaid
aud of such othef bills and obligations ~
the said Arizona corporation had incurt-
cd III the operation of the said mine. which
check your orator deposited In the said The
Cecil National Rank of Port Deposit. and issued
q check against the same for cash to pay the said
W irkmcn and other creditors Of the said opera.
tug company. which check was paid 10y the said
bank aud the said William J. Black afterwards,
without any reason Just cause. aud. to the
damage and dsCrcdit 81 said Arizona corpora
ton stopped payment OF the said S,Sa check. and
the said Arizona corporation Is now indebted un-
| to the sad Hank for the amount thereof.
| rs, That since the stoppagc Of payment as
aforesaid the said defendant, The Cecil National
hank OF Port deposit. has sued out an attach.
fncnt against the said Arizona corporation and
has attached aud levied upon its said tools, ma.
chincry and other property. to recover the said
sum oi $3.50 due IL.
~. That there j. now a profitable market for
all OF the tale which can hc mined aud produced
from said mnc and property, and the plaintiff
ayers and saws that with aid mine kept in con
tiuunus operation II will probably Weld, by the
18th Law oi May. lpiS, sufficient OF ptuht and in
come to meet aud dciray, in part the balance of
the purchase price ri the said property aud all
other obligations even II no more Of the defend.
ant, The Venture CORPORATION OF America, treas
utN stock D. sold,