Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-03-07
Dispositions Being Taken in Ac-
ton Brought by George
s. KimbalI.
TWO WITNESSES EXAMINED.
n. n. Cutler and ". $. Mccormick
Ten of Letter Received From Plain
tin on Cancellation Of Contract


total of $4,000 Tor alleged breach of
contract. and which is to De- tried in
the courts of California. were taken
today ln the office of Harry g.. Edward,
1lg Ncwhouae building By Edward
n Garnett court steuugr1pncr Tor
Judge Richie. 10 o. Thought that the
work viii boz finished by evening. Mr.
Edwards represents the insurance COM
pany while y. ID. Skcen Of ogden is
acting for the plaintiff
In brief tho cas-, BIZ that prior Co
April g. 1906. Gcorg, = Eimbau was
employed by the Continental Life ln-
iurancc q Investment company as
sort OF "a general agent, iu company
with one Frank A. Werner. The lat
Ter disposed ol bis interests 90 kimbal
Complications through Che actions OF
Hiram Tyrec. then president and gen
cral manager. cnsucd and kimbaIs
contract was cancelled. as be claims,
through "a letter received from Tyrce.
The company contends that the ac-
Zion Of the then president or the come
pahy was never ratified By the exec
utivc committee. which was necessary
under the bylaws Of the company iu
order 90 perfect the action. and that
the company afterward did everything
in rs power to cause klmball 10 re-
EMINIf NIN N'iNINIOIN WI NN NNlIIf ~ HNNllN
sort Of agreement. which. II Is al
legged. Klmball refused TO do.
The earlier part of the session this
morning was devoted 10 verifying the
minutes Of the company. through W
n Cunningham the assistant secre-
tay The matter Of the board OF di-
rectors prior to and after April Z. 1906
and the election Of 2. r. cutter 10 tho
presidency on that date. occupied much
time 10 developed during this ex-
animation that the lease Of rooms I'M
the Flood building in San Francisco
where the company had headquarters.
WAS cancelled. and that AN agents
working directly or indirectly" were
discharged. The minutes showed that
various acts Of Kimball had been re-
pudiated by meeting Of the cxccu-
tive committee at IS meeting Of June
Q 1906. There were a number OF other
points brought out which demonstrated
the efforts Of the new government q
the company 20 place before all con-
ccrned the absolute solvency of the
company.
T. r. CUTLER on STAND
r. r. Cutler was placed upon the
stand and said that he had been presi-
dent continuously of tho Continental
Life Insurance q Investment company
since It's reorganization ON April e. 1906
Prior 20 the meeting az which YOU
were elected president did YOU receive
letter from g. s. kimball calling
attention 10 the cancellation Of his con-
tract by Tyrcc and Wiley asked Mr..
Skeen.
some time between Jan. 1 and tho
time Of the meeting ! remember seeing
some such sort OF communication"
Were You acquainted with the fact
that on March ~ Tyrco and Wiley
cancelled the Kimhall contract"
Il was So informed"
''Was there am executive committee
meeting held for the purpose of dis
cussing the cancellation ~ the Kim
ball contract
81 think there was"
We're you PRESENT.
mo"
Did you have any talk with KimbaIl
prior To- the meeting Of April g. In re-
gard 20 the cancellation Of the con-
tract?'
II DO not remember would have
20 refresh ny memory hy Correspon-
dcnce. II is my usual time OF O.. - year
to go east and I think that / was out
~ the city at that time
Mr. cutler was allowed to go until
the afternoon session in order that be
MIGHT refresh his memory.
w $ MCCORMICK EXAMINED
W $. Mccormick said that he had
htcn treasurer OF the defendant com-
lou. ever since rs organization and
lmd been q member Of the board OF
trcDlors since April e. 1905, and also
one cot the executive committee.
How long prior 90 the meeting of
Apru were you informed Of the
action of 1Nrco and Wiley iu cancel
ling the lNimbalI coutract?"
soon after the letter was sent
did the executive committee have
a meeting to discuss this action 30
yes, AN informal one"
How long lfJcr:'
"Not long
"Was Ktmball thcrc2'
eyes"
WAS there any affirmative action
taken boy the committee"
mo. u stated that the company wa,
ready To go ahead and have kimball
finish his contract He refused on the
ground that the company was in bad
reputc and that he could do no
business Hc proposed Co sue the come
pany Tor damages"
on further examination Mr. Me-
CoruiCk reiterated that the meeting
was informal and that he did not
know whether secretary was there
or not and that he was ignorant as
90 the existence Of minutes on cross
examination hy Mr.. Edwards. Mr.
Mccormick said chat The meeting was
called FOR the specific purpose of disc
GUESSING the kimball matter.
Mr. Cunningham was recalled hy
Nr Skeeu. who traced the meetings
OF am bodies of the company from
April 2. 1905. 90 the end of the year
Il cannot recall amy action taken
on the Nimhall contract" said Mt
Cunningham
II was brought out that "a meeting
Of tho stockholders was held ou Jan
S. 1907. when "a committee was 8p-
pointed to investigate the Klmbal
matter and 81 pos Ihlo come 90 some
equitable agreement.
THIS AFTERNOON
Mr. cutler was recalled this after
noon Tie said that ho recalled his fires
meeting with Mr.. kimbJu after hn
election as president ana that ho know
the Iyrec and Wiley circular lette
was sent out but he could not remcm
her when, except that he hought 6
WAS after hc was elected president
kimball after his election and at tina
time, Mr. Cutler s8id Kimball told
him that ne ana not think he roult
shord 20 go on with his contract be
tause of conditions he said the com
pany was In. kimban expressed
doubt II the company could fulAu Ia
obligations, stating that he believe,
u was on tho verge of "a recelvershir
CONSEQUENT upon the action Of Tyree
Dr. II. y. Mayo followed Mr. cutie
This afternoon 70 the witness chair
s-~--