The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-01-17
CANNING FACTORY SUIT
NOTES ARE NOT GOOD
ONE HUNDRED CARTER COUNTY
PEOPLE INDUCED TO BUY FAC.
ToRY-soME DECLINED TO PAY.

\ suit has been recently decided
in the courts of Carter county that
will be OF interest to Il number of
people in and near Ardmore. The
suit grew out of the effort o. the
Chicago Building and Manufacturing
Company to collect the notes ,hat
were given by Carter county people
in the purchase OF the canning 'Gc.
tory which was built and equipped by
that company here several years ago
and which has the reputation of hay
ing been built on a grating scheme.
Some of the subscribers to the stock
paid their subscriptions and some de-
clined to pay. \ test case was agreed
upon. Judge Willard Bleakmora was
agreed upon To try the cause and w.
&. Kendall was made defendant in
the suit TO test the collection of the
notes remaining unpaid. All the notes
were given in the same manner, dis
posed of in the same way and the re-
suit would be the result in reference
to all OF them. The payment of the
note was defeated. Judge Bleakmoro
in his opinion, says:
THE court finds that the Chicago
Building and Manufacturing Company
is corporation organized and doing
business in the state of Illinois under
the laws of that state. The court few
thcr finds that some eight months ju
fore the execution of the note H. c'L.
troversy, the officers and agents of the
Chicago Building and Manufacturing
Company came into the Southern Dis
trict OF the Indian Territory and so
associate themselves together and en-
ter into contract with it to build
and equip canning factory in the
town OF Ardmore. That they procured
about one hundred people to associ-
| ate themselves together and agree to
/ buy Gaming factory after the same
/
stalled and the same PLACED in opera
ton, and under this agreement, the
Chicago Building and Manufacturing
Company erected a building on certain
property within the corporate limits of
the town of Ardmore. That the de-
fendant in the case, w. c. Kendall,
was one of the subscribers to the orig
inal contract with the Chicago Build
ing and Manufacturing Company, and
bound himself TO pay the sum of one
hundred dollars. That after the COM
pletion of said canning factory. w. c.
Kendall executed and delivered to the
Chicago Building and Manufacturing
Company the notes sued on herein.
That said note was in payment of his
subscription as a member of the asso
citation which agreed to buy the said
canning factory when completed. That
on the same day that said note was
executed IL was endorsed and assign.
ed by the Chicago Building and Mann
featuring Company to the Bankers
Trust Company of Ardmore, without
notice of any defenses which the de
fendant might thereafter have claimed
That said note matured; was not
paid at maturity; was duly presenteti
and protested. That after the matur
ity Of said note, and the protest there
of, it was returned by the Bankers
Trust Company to the original payee
the Chicago Building and Manufactur
ing Company and thereafter got int
the possession of the Plaintiff in thi.
| case w. +, Triber. That the Chicago
Building and Manufacturing Company
had not complied with the provision,
OF the act of congress of February the
18th, 1901, and had not appointed az
agent as in that act provided, upoI
whom service of process might be had
etc.
THE court finds that the Chicag,
Building and Manufacturing COMPANY
was foreign corporation and haC
commenced to do and was doing busi
ness within the Southern District o