Evening journal., 1910-12-22
PROBE FOR THE
CASKET co.
HOIderSOf StOCkhOlding Estate
AIIege Misconduct in Com
pany'S Affairs
WANT COURT EULE
To OPEN TIE BOOKS

In behalf of Harry c. Holms and
Peter Ballingall, executors of the os-
tate of Louisa j. Patton, deceased, OF
Philadelphia. Salisbury, Ponder and
Morris yesterday applied TO the Judges
of the Superior Court of this county
for a writ of pefemptory mandamus
against the MontrOas Metal Gaskct
Co, a SiO,000.0O0 corporation, with "a
large plant at Hagerstown, Md, TO try
to compel the company to allow the
petitioners to inspect its books The
rule was issued yesterday returnable
to-day on the concern to show cause
why the writ should not be issued, but
i'm court this morning the petitioners
asked for an extension of time ON the
return of the rule until tomorrow.
The petitioners allege that the COM
pany's affairs are being misconducted.
Sylvester ID. Townsend represents the
defendant company
The Montross Metal Casket Com
pany was incorporated in Delaware
In November. 1908. with Sl0.O00,00o
authorized capital stock IL was di-
vided into 100000 shares of $40 each
The concern bought out "a large plant
ia Hagerstown, Md. whore it Is manu-.
featuring a patent casket which has
/ attracted a great deal of attention o
late Tho Corporation Guarantee an'
Trust Co. Is the resident agent
The petition filed by salisbury
/ Ponder and Morris, sets out that thl
/ petitioners are unable 10 say how
many of the shares Of the concern ar
| outstanding Il states that at the time
| of the death of Louisa j. Patton. she
held 566 shares of the company. whicl
was part of her estate now in The
course of settlement
Continuing the petition says tina
upwards of 100000 shares of the com
pany at the par value of upwards o.
/ $5,O0O,0O0 were issued as full paid anC
worcestershire shares unto L. IT, Mon
/ tross. the president, who now has con
trolling and dominating influence ovei
/ the company and the petitioners have
been refused permission to inspec
and make copies of the stock lodger'
and other books of the company wheI
application was made by them and eX
| pressly stated that IL was for the pur
/ pose Of ascertaining why the paten
rights have deprecated as stated In
statement of assets and liabilities Is
sued April 1. 1910, TO ascertain wha
patent rights are owned by the com
pany and what patent rights were ac
tually purchased by the company n
return for the Sl0,000,000; to ascertain
value Of stock at the time that the ap
plication was made November IA, 1910
II states that TO this application n
writing the secretary and treasurer o
the company replied that no stock
holder owning less than per cent. O
the stock, unless a director, shall b'
allowed 10 examine the books and ac
counts of the corporation. except by
resolution of the board of directors
The petition alleges that the state
ment of assets and liabilities filed viii
/ the Secretary of State and the on
issued by the company and obtainel
by the petitioners differ 10 the exten
of hundreds of thousands of dollars
It says that a sworn certificate of tn
/ payment of its capital stock. signei
/ by l.. H. Montross, president and A
NJ. Elwell, secretary, and filed wit
the Secretary Of State, February, 1905
shows the entire capital stock of tn
comNany to be issued and outstanding
having been paid for by services an
the purchase of property and tina
another certificate of February. 1917
shows that on January, 1910, S5,1OO
600 capital stock. had been issued TO
purchase Of patents" and S255, ,125 70
cash, this being the annual report an
Continued on Second Page.)