The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-05-16
REPLY IS MADE TO
GEORGE S. K|MBA[l
W. S. Mccormick and Others
File Answer in Third Dis
trict Court.
INSURANCE COMPANIES
INVOLVED In SUIT
Claimed That Kimbail Wants
Information to Benefit His 4
Own Interests.

w. s. Mccormick, J. T.. Dunn, John.
Dcrn, W. V. Rice, w. II. Cunninghamt'
DR.. IL. y. Mayo and ii. G. Edwsrds'
filed an answer in the Third Distriet
court Saturday TO George s. kimball' 81
smit TO compel them TO let him see the,
books Of the Western Securities CONT
pnny. an Arizona corporation with main
Offices in this city. in which they charge
that Kimbal. in his demand 10 see the
books. is seeking information for the
benefit of the West Coast Life lnsur-,
ancc company Of California. of which
he is superintendent of agencies for
Utah. Other sensational allegations'
against kimball are made, and 1T ~
asked that his application for VIII
of mandate be denied. ~
kimball. in his suit. charged that the
Continental Life Insurance company.'
of this city. is controlled by the Wosfs
crn Securities company aud that tho
former company had released S200.00t'
or $500, 900 worth of notes. sccuritie<
and other assets to the Arizona COM
pany; that the latter concern had dis:
tributcd . part of its capital stock 10
certain of its stockholders to the en-
clusion of others, and that the board
Of directors OF the Arizona companl|
sets and diSincorporatc. II
AID this is denied in the answer; but
the refusal April 2S of this year tc
allow Kimball TO see the Western Sc,
curitics books is admitted. Tbis is
justified on the grounds that himbalI 's
demand WAS not made in good falth|
but for the purpose of gaining infor|
nation to be used 10 the 9etr;nent Of
the Western Securities company.
Kimball Stakeholder.
While Kimball is admitted to be 8
stockholdcr OF record in the Arizona
concern. it, is alleged that his financial
interests with the West Coast Life In
surance company are much heavier thar
with the Continental Life, against
which he has Instituted an action sini'
lar TO that against the Western Securi
ties company, and it, is TO his interest
ii Is set ont. to cause as many policies
in the Continental Lifc to lapse as pos
siblc, that he may write policies FOL
such persons In his own company, the
West Coast The Western Sccuritiel
company. IL is admitted, has had a con
tract with the Continental Life where
by the former company acted as agen'
for the latter and tho names and ad
dresses of nearly all the policyholder;.
in the Continental Life arc contained
in the books and records of the West.
crn Securities company. and that a.
examination of the books thereof VIII
disclose TO KimbalI the information b,
is seeking to use to the detr;ment o.
both companies.
Kimball Is involved in other litigatioi'
against these companies, it is set Out.
and in the present suits is actuated By
malice aud i'll will towards both com.
panies and the officers thereof Kim
ball. it Is charged, desires and intend
10 bring all sorts OF suits against tht
companies In an endeavor through ma
Hcious and improper motives not only
TO profit thereby. but 10 give the Con
tincutal Life and the Arizona concern
adverse notoriety. Already, it is al
legged. be has used the Information
gained at prior examinations Of thf
books to institute a campaign against
both the Continental Life and the
Western Securities company, and has
induced other stockholders in both com.
panies to join him in this campaign to
inlure both companies by the institution
of all sorts of suits irrespective Of
their merit, and thus give them the
adverse newspaper Dotoriety that nat.
urally is incident to such litigation. The
information ne now seeks, if gained
will be used to the further detrimeut
of the Continental Life and the Arizona
company. it is alleged, aud it is asked
that his application for writ of man
date TO see the books be denied.