The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-26

show TO the court upon information and
belief. that the first assessment was
levied by said defendant corporation in
the month of March. 1908. and that as
| sessments have been levied at irregular
intervals OF not more than thrco months
intermission since that date, and that the
said defendant. Solon SpIro, has assumed
to pay the assessments upon his indl-
vidual stock. that held by him as agent.
and that OF his wife, In fhc following
| manner:
Assessment No. I, amounting TO SILL
| d11,6O. was charged against bills payable.
SS356.lo and interest S505555,
:, Assessment No. 9. amounting to
S14700l5. was charged to bills payable.
SlS,S979 80, interest $3.50. and Solon Spiro,
| $7S2.56:
E, Assessment sse ,n No. 8; amounting to
terest SS772, bills payable, s164.20. and
Solon Spiro S10,S701S;
Assessment No. 4. amounting to s7015,1s
was charged to legal expenses s4l22. so,
est sl0d, and Solon Spiro s63S.SS:
Assessment No. 5. amounting to sla.-
| 030,S5, was charged TO legal expense
| $l1,o76.91, bonds $1,000. interest s153.44;
Assessment No, 8, amounting to SlS.
| 970,S5, was charged TO Solon Spiro
SI2,133,3s legal expense s1S&7;
s1$97o.S5 was charged to soIon spiro,
| $13970.35:
sls.ee5.s5, was charged to legal expense
$l3. 965 35; and
Assessment No, ., amounting to
s13,965.35, was charged to Solon Spiro's
account for the full amount,
That the several sums above set forth
charged to legal expense" appear upon
vouchers OF said defendant corporation to
bo signed by and made In favor of said
Spiro In the language appearing between
quotation marks, In the latter part of
paragraph hereof. That OF all the ac-
nT,t t,,fc r,,,s,N to-
by defendant corporation excepting bonds
and the overdraft at the bank. defendant
Spiro's was the only one upon which II
paid interest
10, That among the other accounts
carried upon the books of said defendant
corporation Is one called legal expense"
which shows total debit OF SO 54o.9o:
and In addition to the several gums
charged thereto and credited TO said Spiro.
as above set forth, are many Items OF
disbursements to the attorneys who repre-
litigation, sufficient In amount as plain
tifts are Informed and believe, to fully
compensate said attorneys for their SER
vices In said action and that in addition
thereto large sums OF money have been
paid TO surveyors and engineers on ac-
count OF said litigation. That all the
credits to said Spiro on said account are
for uneven amounts. generally being a
sum sufficient to meet the pending as
sesspent upon stock OF himself and
friends; that no statements have been
Spiro, and there are no items stating or
pretending TO state the nature OF the SER
vices or expenses shown upon any OF said
vouchers. 1t being invaria bly, stated that
the sum so credited TO him is ''on ac-
count" and II Is impossible TO tell for
what, II any said services or expenses
were rendered or made. or how much, If
any. Of said credits is a bona fide charge
against said defendant corporation, or
how much said Spiro will claim on said
account In the future. That said lega!
q L. a1cn ~1NN Il T,Etyl
in payment of assessment No. upon
1000 shares OF stock owned by one John
T. Hodson, who Is not a lawyer. and as
plaintiffs are informed and believe. has
rendered no services 10 said defendant |
corporation.
H. Tint the said Wyoming corporation
was placed in the hands OF a receiver at
the instance and suit OF said defendant. |
Solon Spiro. on the lst day OF July. 1907: |
and continued In the hands Of said re-
ceiver until the 10th day OF May, 1908. and |
said receiver was appointed, the said
Scion Spiro claimed and set forth that the
said defendant was indebted to him In
sum less than 100000, to-wit, $4,000, in
sunGry individuals an aggregate OF about
$4,000. And plaintiffs allege upon their
Information and belief that said sums
were approximately correct. and that said
Wyoming corporation did not then or at
all owe said Spiro either individually or
as special trustee. or In both capacities,
any event, any sum In excess OF the
s25, 207.91 referred to In paragraph Z
hereof and that thereafter the said Wyo-
ming corporation did not become indebted
TO said Solon Spiro In any amount what
soever, but that all Indebtedness In excess
OF that amount, afterward claimed by
him, was wrongful and fraudulent and In
excess of the true amount. and that OF
the above amounts In this paragraph re-
cited as being charged to Solon Spiro all
In excess OF said s25, ,20I.91. II not all In
was fraudulent overcharge and was
never at any time owing from said de-
fendart corporation to said Spiro either
by reason Of assuming the indebtedness
or otherwise; and plaintiffs al
ege that there are other small items of
charge for expense alleged to have been
nation and belief plaintiffs allege are
wholly wrongful and fraudulent and
that there are other matters relating to
the conduct Of said corporation by de-
Spiro. which careful inspection
and examination OF the said books OF de-
fendant Will disclose to be wrongful and
fraudulent. and that his entire manage
out Of we'll planned scheme TO
continue himself and his friends in office
at the expense Of the minority stockhold-
srs. and TO pay himself large salaries and
vices, or at least for services for which
he demands and receives a monthly COM
penSatlon OF $ZOO, and WHICH plalntlltS al
ege is sufficient for the purpose, and to
carry the majority Of the stock OF said
in his name and in the name
Of his friends and for their several bene-
ntS free from assessments and 10 force
and require the holders OF a minority OF
the stock to bear and sustain all the bur-
iens OF said corporation.
Conspiracy Is Charged.
IL And said plaintiffs further show to
the court that all said wrongdongs and
acts Of said Spiro as set forth
In this complaint, have existed and been
perpetuated continuously since the month
of March. 1905 and that the defendant
Browning we'll knew the same. being the
secretary Of said corporation. and that
the defendant, Harry P. Clark. knew or
ought to have known the same. being the
treasurer thereof. because he knew or
ought 10 have known the amount OF
money kept by him as treasurer from
time to time was not the true amount re-
sulting from the assessments being levied
and which should have been collected by
the said officers of said defendant corpor-
ation, and that II said assessments had
been collected upon said Spiros stock as