The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1910-10-22

Spencer Reynolds aud the Eureka
Live Stock Company. a Corporation.
and John Doe and Richard Roe, De-
PENDANTS.
To the Honorable. the judges OF the
Circuit Court of the United States,
Ninth Circuit.
Eugene s. Mcdowell Of Reno, County
of Washoe, and State and District of
Nevada. the duly appointed. qualified
and acting Trustee in Bankruptcy of the
Estates of Oscar J. Smith. of Minnie D
Smith, and of Watson E. Griffin re-
~spectively. brings this bill against A. E.
Kimball Of Salt Lake City, County OF
Salt Lake, State of Utah, Robert O.
Turritin Of the said city of Reno, Spen-
Ger Reynolds of Eureka, County of Eu-
reka, State of Nevada, the Eureka Live
Stock Company, a corporation organ
lied and existing under the laws of the
State Of South Dakota, and having a
usual place of business at Eureka. and
John Doe and Richard Roe, whose true
names and addresses are at present I'M
known to the plaintiff and thereupon
your orator complains aud says:
/. That prior to the 14th day of
May, 1910. the said Oscar J. Smith.
Minnie d. Smith and Watson E. Grit
I'm were each the owner of about 49,
600 shares of the Preferred Stock aud
16, 665 shares of the Common Stock OF
the said defendant Eureka Live Stock
Company. That the Eureka County
Bank was also the owner of $4,000
shares of the Preferred Stock of said
Eureka Live Stock Company. That the
said stock so mentioned was all, or
practically all, Of the stock OF said de-
PENDANT corporation that has been is
sued up to the said 14th day Of May,
1910.
2. That on or about the 14th day Of
May, 1910. the said Oscar j. Smith filed
his voluntary petition in bankruptcy in
the District Court Of the United States
for the District of Nevada, and was
thereupon on the same day adjudged a
bankrupt; that the said Minnie D.
| Smith filed her voluntary petition in
bankruptcy in the said District Court,
on or about the 14th day Of May. 1910,
and was thereupon on the same day
adjudged a bankrupt; that the said
Watson E. Griffin on or about the 18th
day Of May. 1910, filed his voluntary
petition in bankruptcy in said District
Court, and was thereupon on the same
day adjudged a bankrupt; hat there
after. and On or about the 5th day of
August. 1910, the plaintiff. the said Eu.
gene S. Mcdowell, was duly appointed
the Trustee in Bankruptcy of the es-
tate Of each of said b~ankrupts, to wit:
Oscar J.. Smith. Minnie d. Smith and
Watson E. Griffin; accepted the said
offices. duly qualified and entered upon
the duties of said Office. and has aver
since continued to be, and now is, the
acting trustee of each of said estates.
3. That TOUR orator is informed and
believes, and therefore alleges, hat on
or about the 9th day of March, 1910.
the said defendant Eureka Live Stock
Company was indebted to the said Eu-
reka County Bank, the Nixon National
Bank, a corporation having its usual
place of business at said Reno; the
Commercial National Bank. a corpora
ton having its usual place of business
at said Salt Lake City. and the National
Bank Of the Republic. a corporation
having its usual place of business at
said Salt Lake City. aud one or more
other banks or firms.
A. That shortly prior to the said 27th
day of March, 1910, some of said de.
PENDANTS and one, Oosgrif. as represen-
tatives of said banks. or some of them,
demanded payment Of their said claims,
and on the said defendant Eureka Live
Stock Company being Unable at that
time to make payment in cash. a de-
mand that security should be given said
banks on the real and personal property
Of said Live Stock Company. That in
order to induce the giving of such secu-
rity it was represented to the officers Of
said Live Stock Company that if such
| security were given the said banks. or