The citizen. (Honesdale, Pa.) 1908-1914, 1913-12-19

has been and is not, at the present
time, weak in mind or unable to take
care of her property or liable to
lose or dissipate the same or to be-
come the victim of designing per-
sons.
Mary N. Gray further states that
she has for her life time an assured
income of $4,000 per month which
she wishes for her support and main
tenance and that she uses all of the
$4,000 per month to maintain her
self in the style and manner of living
to which she has been accustomed
to live.
Further respondent states that in
her opinion the petition of her neph-
ew, Robert H. Gray, has solely for
its motive the restriction of her use
of this $4,000 per month, as afore-
said, in order that at respondents de-
cease, there might be something COM
ing to him from her estate.
Your respondent further states
that she would have no objection to
the appointment of a guardian, pro-
viding such guardian were appoint
ed as would see that her monthly in
come was used to maintain her in the
manner and style in which she has
been accustomed to live. She is will
ing that Edgar w. Ross, at whose
home she is now residing should be
appointed guardian.
Edgar w. Ross was appointed
guardian in accordance Herewith
with the understanding that his bond
should be increased as the amount
of money coming into his hand is in
creased.
McGinty Case Settled.
Attorney M. J. Hanlan stated to
the Court that the case of John Nc
Ginty against Rudolph Roegner and
others had been settled, and there
fore would not be argued Tuesday
as heretofore ordered.
Lozier VS.. Clinton Cut Glass Co.
The case of c. C. Lozier against
the Clinton Cut Glass Company was
then called for argument This case
is founded in equity. The bill of the
plaintiff alleges fraud, conspiracy
and collusion on the part of G. H.
Wilmarth, with R. M. Terrell and J.
H. Sherman, three of the directors of
the defendant company. On March
1, 1918, capital stock was issued to
G. H. Wilmarth by the board of di-
rectors to the amount of $4,000
without consideration being paid in
to the treasury for the same and
without notice to any stockholders
whatever of the intention of the
board of directors to sell stock of the
Clinton Cut Glass Company. The
plaintiffs allege that the stock was
worth vastly more than par value of
$1OO, namely $193.93, and upwards.
The opening argument was made
by c. A. Garratt, Esq. He contend
ed that director occupies a produc-
ing relation toward the corporation,
and that he shall manage the bust
ness of the company in such a man.
ner as to promote not his own inter-
est but the common interest of all the
stockholders and where a director
procures an issue of stock to himself
over a protest of a minority of the
board of directors and where the vote
to sell was procured by his own vote
that is if he had not voted or had
voted on the other side the vote
would have been otherwise, such sale
of stock is illegal and tainted with
fraud and the action is double and
collusive in that such a purchaser
Ol SIOCh WOulu Dc III Duy
ing the stock for the lowest possible
price for himself, and at the same
time as President Leander and direc
tor of the corporation he should bt
interested in getting the highest pos
sible price for the stock for the bene
fit of the corporation. In this cast
the sale of stock was procured by c
H. Wilmarth, by his own controlling
vote in the corporation. The plain
tiffs ask that the stock be delivered
up and cancelled. The case was abb!
argued by counsel for the plaintiff
and defendant. Iloff and Garrat
represented the plaintiffs and Mum
ford & Mumford the defendants.
Briefs of law were submitted t.
the Court by the attorneys on bot
sides and the case now awaits de
! cision.
Special court was held Wednesda,
at 10 a. m. before Judge Alonzo I
Searle and the following busines
was transacted:
Petition for the appointment o
overseers of the poor for Dyberr
township presented. ]. l. Bates an
w. j. Hacker appointed.
In the case of Grace M. French
libellant, against Frank T. French
respondent, divorce was granted.
In the matter of the application
of Glare Yale for determination O
election for supervisor in Leblanc
township, the case was submitted t
the Court.
Court adjourned to meet the 29t
day of December, 1918, at 10 "a. m.
Register and Recorder.
Business was quiet at this offic
this week, there being not many Ian
transfers made. The following deed
were recorded:
Heirs of John Donnolly, of Tiog
and Mexican county, to George Dor
molly, of Damascus township; $780,
Deed dated April 4, 1905.
George B. Knapp and wife of d;
mascus, to Carrie A. Ellison, of tn
same place, land in said township
81 and other valuable consideration
Deed dated Dec 15 1919