The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1908-07-18
GEORGE A. BLAKE and WILLIAM S. EVANS.
Solicitors for the Plaintiff.
OrderOf Publication
FREDERICK A. MevAY. Plaintiff.
VS.
TIE VENTURE CORPORATION or AMFRT.
ca. HENRY u. HUMMER, WILLIAM ].
BLACK. TIKI CECIL NATIONAL BANK or
PORT DEPOSIT AID THEcEciL MINERAL
COMPANY. Defendants
In the Circuit Court for Cecil County
In equity. No. i7so

IN tHt NtTCuit tourt tof cecil county
In equity. No. 27so
The object Of this suit Is to procure the appoint
ment Of a Receiver for the property mentioned 10
the bill aud for an injunction as therein prayed
and for the winding up OF the bisiness Of the de-
iendant tirst herein named and for other relief.
The bill states;
l. That the plaintiff i a citizen Of the state Of
Maryland, residing 10 the town Of Port Deposit,
in the County Of Cecil In the State Of Maryland
and that Of the defendants. The Venture Cort,ora.
ton Of Afuerica Is a corporation. organized cx-
isitne aud doing business under the laws Of the
state OF arizona. having its principal office ocai.
ell IN the city OF PittsburR in the State Of Penn.
| sylyania aud having no President. Directors of
icers OF Agents residing in the state Of Mary
| lanh upon whom process can he served aud that
the said Henry H. iIubner resides In the City OF
baltimore. IN the State Of Maryland and the said
William J. Black resides In the city Of piti~hurR
aforesaid. or elsewhere beyond the Jurisdiction of
| this Court. and the said The Cecil National Rank
| Of Port Deposit. u corporation Of the United
| States doing business ia the town OF Port de-
| post aforesaid.
J. That the capital stock Of the defendant. The
Venture Corporation OF America. consists OF
10000 shares Of common stock OF the par yaluc
OF si.go per share and that the plaintiff is duly
qualified stockholder thereof. owning sn0.uD
shares OF the full paid non-asscssablc stock
| thereof
!. Tha, upon the organization of said cori,ot-
alton all OF its stock was made full paid by the
issuance thereof for property. in accordance
with the laws Of the State of Arizona and a. pcr
cent Of said stock so issued was donated and re.
| turned to the treasury Of said Arizona corpora
ton by your orator aud other stock holders there.
Of 10 he at once sold aud used for the purpose Of
purchasing aud operating the Tale property
hereinafter mentioned.
t. That the said Arizona corporation suhse.
1uent to the organization thereof. sold 10000
shares OF said treasury stock for the price Of IN
cents pcr share. or total sum of s..SD1uu icav-
ing stock in the treasury at the present time
ursDid 10 the % aud hat IN
80 shares Of the stock issued In addition TO the
10000 shares held by the plaintiff. are held and
owned by a number Of individual stockholders.
s. That said Arizona corporation was organic
cd for the purpose OF purchasing owning dryrl.
oping and operating certain piece Of tale prop
erty or real estate. consisting OF twenty three
acres, more OF less located ut near the village
OF Conowingo. in the sth. election district Of
Cecil County aforesaid the cost price Of said
property being the sum Of Ss01UO.
d. That on or about the 18th. day Of February
III the year 1875. the plaintiff acting for himself
individually and in his own right. entered into n
certain option contract with the said Henry n
iinbncT aud The Cecil Mineral Company of Cecil
County Aforesaid wherein and whereby the said
Henry II. Iiubncr and the said The Cecil Miner.
al COMPANY agreed to sell and convey at the OPP
ton OF the plaintiff on OF before the 18th day Of
Mhy, III the year las the tale property described
~ paragraph hereof for the price Of sssDUJ
$50 IN cash on the signing OF said option agree.
h.ni' and the remaining siSoo.n TO lie paid on or
before May, 18Th, 1875, copy OF which agree
mcnt OF contract being filed with said hill as a
Part thereof marked Exhibit A.
:. That the said, The Cecil Mineral Comiauy
Is a corporation Of the state OF Maryland doing
business and whose principal Office Is in cecil
County aforesaid.
:. That OF about the 18th day OF February
lrVs the plaiutii entered into a written contract
with the said William J. BLACK, wherein and
whereby the plaintiff agreed to assign aud sell
aud did assign sud sell, all of his interest in said
option contract mentioned aforesaid to the said
william J. Black, he agreeing TO organize and
purpose Of taking over owing and operating
SAID tale property, copy oi which said contract
between the plaintiff and The said William ],
Black being filed with said hill as a part thereof
marked Exhibit ~. IL being agreed that the
plaintiff should receive ~ consideration ior his
said interest - per cent Of the capital stock OF
tie said Arizona corporation.
.. That on OF about the day of February
iFls the said William J. black pursuant to his
said contract with the plaintiff, organized the said
ALTOONA corporation aud assigned 10 il the aforc.
said contracts set forth IN exhibits and Baforc.
said, passing the cutirc interest aud 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 FLED with
said bill marked ENhihi, {" and 'ENhilit u"
respectively,
~ That pursuant to the purpose ior which
said property was acquired aud the said Arizona
corporation was organized, the said defendant
The Venture Corppraiiou Of America. employed
the plaintiff a. manager, giving him fall charge
aud control Of the opening. starting aud carrying
on the business OF mining aud kcting the tale
underlying said property and that the necessary
tools aud machinery were purchased including
engine, saws aud other articles and machinery to
the vnluc Of about $50 and the same was duly
delivered at the said property and placed IN opcr.
alton. Oh ~ about March IS, l'sN the plaintiff
giving his cutirc time aud personal supervision
thereto.
II. rha, under the terms OF said option con.
tract \ the said Arizona corporation. during
the continuance oi said option, hal the right to
install machinery, aud to mine, quarry and mar.
kci the tale product from said property. upou
pay mcui 20 the owners thereof ui the sum OF SO
per ton Tor all tale mined and marketed prior 10
May IS. i'-i> Ovct 81 tons, and on which dac the
said Arizona corporation would receive IT, deed
from the o'vucr- OF said property. ON the pay.
meni To them OF the said remaining SUN II
StFrpu
Arizona CORPORATION. acting hy the authority OF
its BOARD ut Directors aud puf~tnt to the iowrrs
| and duties 81 his said employ ment, started 10
work and uiicn ~ the said quarry on the said
property, and employed Aboret- aud men iDr the
purpose OF operating and carrying ON the bust
ness aforesaid thereon. and had everything in such
excellent condition tof work that said Arizona
corporation could carry ON said work success
fully aad probably rs to yield 10 II the sum of
about 50" rct ton net. OF, at least $500 per
day, net profit
u. That ON or about April End iyIs without
authority Of the BOARD of Directors OF said Arilo-
no corporation and without any notice
whatsoever, AMI without any reason just cause,
the said William j. BLACK. IT. President, visited
the said property, in the temporary absence OF
your orator, and directed all work then going
on, To be stopped. and discharged the men en-.
ploycd Icy the plaintiff on behalf of the said opcr-
utiug corporation. closing down the mine and
putting the same out OF operation to the great
loss, da go. and injury Of the said Arizona cor
pofation and it, stockholders.
u. That OF about March 18th. i'aS, the said
William ]. BLACK President oil the said Arizona
corporation, gave iu yout orator check for
the sum Of S!SoGp for the payment OF the
wages Of the said men employed "a aforesaid
and OF such oihcr bills aud obligations a.
the said Arizona corporation had incurr-
cd IN the operation OF the said mine. which
check your orator deposited in the said, The
Cecil National Hank OF Fort Deposit aud issued
a check agans, the same for cash to pay the said
workmcu aud Other creditors of the said opera.
ing company, which check was paid hy the said
hank aud the said William J. Hack afterwards
without any reason Just cause aud, to the
damage aud discrcdit Of said Arizona corpora
ton. stopped payment Of the said $50 check. aud
the said Arizona corporation Is now indebted uu.
to the said Rank for the amount thereof.
rs. That since the siopuagc Of payment a.
aforesaid the said defendant The Cecil National
Hank OF PORT Deposit has sucd out an attach.
ment against the said Arizona corporation and
has attached and levied upon It's said tools ma.
ehncry aud other property to recover the said
sum OF $3.50 due H.
H. That there IS now profitable market for
all OF the tale which can lie mined and produced
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