Evening journal., 1911-05-16
WOMAN LOSES
OUT In SUIT
Federal Court DiSmiSSeS Mrs.
CarSOn'S Suit Against
Glass Company
NO FRAUD SHOWN
BY THE PLAINTIFF

After fight of nearly three years,
Catherine E. Carson of Randolph, N.
Y, today lost her suit against the
Allegheny Window Glass Company, of
Port Allegheny, Pa, and Robert w.
Hilton, president of the company.
Judge Bradford, in the United
States Circuit Court today, handed
down a opinion covering thirty-hve
typewriter pages bearing on the
case, dismissing the bill fled by the
plaintiff with the costs of. the case.
The complainant is one Of the mi
nority stockholders in the glass com
pany, holding 100 shares of stock. She
filed the bill of complaint on October
9, 1908. The testimony taken in the
case covers 1000 typewriter pages
and aside from this there was a large
number of exhibits
The bill charged that the glass
company used natural gas as fuel and
received its supply from the Citizens
Gas Company of Port Allegheny.
Hilton was president of and owned
practically all the stock in the Orms-
by Gas Company, also of Port AL
legheny The plaintiff charged that
his interest in the gas company was
greater than in the glass company.
The contract with the Citizens Gas
Company, the bill set forth, was soon
TO expire. and the plaintiff alleged
that Hilton having in mind his in
in Orr,a larr NV
caused the rejection of an offer made
by the Manufacturers Gas and Fuel
Company, also of Port Allegheny to
supply the glass company with gas
and thus compelling the glass COM
pany to resort to the Ormsby COM
pany for its supply of natural gas,
the Citizens Gas Company being un-
able to supply sufficient gas to oper-
ate the glass plant. Thereafter, the
bill set forth, Hilton on behalf of him
self and the Ormsby company, made
an offer to the glass company to sell
to it certain oil and gas leaseholds
in Mexican county for $4,000. to be
paid for. $4,000 in cash, $4,000 in a
note, with collateral security, and the
remainder, $4,000, at the rate OF
cents per 1000 cubic feet for gas as
same should be produced from these
properties.
The bill further charged that this
contract or purchase was induced
through fraud and undue influence on
the part of Hilton and would cause
great loss to the glass company and
minority stockholders. The bill al
legged many other acts on the part of
Hilton of fraud and mismanagement
OF the affairs of the company. and
prayed for the appointment of re-
ceiver TO take charge of the glass
company and manage it in the inter
est of the stockholders; for an order
that the glass on hand be sold at the
best price obtainable and the proceeds
applied TO payment of dividends; that
a decree be made cancelling the con-
tract or purchase between the glass
company and the Ormsby Company
and directing Hilton to account for the
losses and damages sustained by the
company.
The court reviews the case Al
length and denied each of the prayers
of the bill contained in the bill anC
holding bill dismissed with costs.
During the hearings in the case th'
defendant company offered evidenc'
to the fleet that there was no frauC
in the contract between the glass
company and the Ormsby company
and that it was a reasonable one anC
would benefit the company.
Counsel in the case were: For thu
defendant company, E. R. Mayor, o
Smithport, Pa, and Marvel and Mar
vel, of this city, and for the plaintiff
Rufus E. Stone. of Bradford, Pa, ant
Salisbury, Ponder and Morris, Of thi
city.