The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-05-26

Continued FROM rage one.
ton?
A. Yes.
5. Q. At hat time did Mr.. Guild
disclose to Mr.. More his situation and
earnings?
A. Yes.
6. @. At hat time did Mr.. Guild
disclose to Mr.. More the amount Of
money which he had under his con-
troll?
A. Yes.
Z. @. Thereafter, and in the month
Of August, 1913, did the plaintiff
join the defendant and the defend
ants bookkeeper, one Williams, in
kota, under the name Of The Courier
News to take over the newspaper,
plant, subscription accounts and AS
ISOLATED Press franchise?
A. Yes.
8. Q. How many share Of stock
were issued in the above corporation?
A. Three hundred and sixty.
8. @. OF said stock, did Defend
ant subscribe for 358 shares, w. j.
Williams for one share, and the plant
if. l.. T. Guild, for one share?
A. Yes.
sued to the. defendant. A. Y. More,
one share to the plaintiff, L. T. Guild,
and one share to the defendants
bookkeeper, w. j. Williams, upon the
organization Of the said corporation?
A. Yes.
II. Q. Did the said w. J. Williams
or l.. T. Guild pay anything for their
said stock?
A. No.
Il. @. Was the newspaper, plant
and property involved in his &C
ton transferred by bill of sale to this
new corporation on or about August
20, 1913?
A. Yes.
10. @. Did the defendant. A. Y.
More, in addition to transferring the
property described in the bill of sale.
at the time of the organization of the
corporation. pay into its funds and
treasury in cash the sum of $4,000?
A. Yes.
IA. Q. Did the defendant, A. Y.
More, as part consideration for the
property SO conveyed to the corpora
ton, and for the money paid in,
receive from the corporation a mort
gage upon said property for S19,250?
A. Yes.
Is. Q. And is his said mortgage
still in full force and a first encum-
VI d11C0 upOI Sd1u OpSAh
A. Yes.
Is. O. Did the defendant also, as
further consideration for the trans
fer of the newspaper plant to the
Courier News corporation, receive
from it and have delivered to him
1858 shares in said corporation, and
were the remaining two shares of
the total Of $50 shares of the stock
in said corporation given, n each,
to his bookkeeper, w. j. Williams, and
to the plaintiff, l.. T. Guild?
A. Yes.
II. Q. Did the defendant thereafter
surrender his said 358 shares, and al
SO cause the two shares issued in the
name of his bookkeeper, Williams,
and the plaintiff, Guild, to be sur
rendered, and 26O shares issued to the
plaintiff Guild?
A. Yes.
IS. Q. Did the defendant retain and
does he still own 100 shares of the
800 shares of said corporation?
A. Yes.
month of August, 1918, cash his Sc
| c~urities and pay to the defendant the
sum of 5000 as part payment for the
26O shares of stock delivered to him
by the defendant More?
A. Yes.
20. @. Did the plaintiff quit his
employment at Toledo, Ohio, in the
month OF August or September. 1913,
and remove to the city of Fargo, and
take up the editorial MANAGEMENT and
operation of said newspaper?
A. Yes.
81. @. AS a part of the considera-
ton price of an interest in said plant
and covering $4,000 of the $4,000
stockholders interest bought, did Mr.
| Guild, by agreement with Mr.. More
quit his employment in Ohio and come
! to Fargo to give his personal atten
ton TO managing the business of the
| Courier -News2
A. $4,000 was given SO as to give
| plaintiff control of corporation. r.
%. (a) @. Prior to the consumma-
| ton Of the transaction, Aug. 20, 1918
did the defendant personally, OF
through the agency of Mr.. Baker, II
you find Mr.. Baker was his agent
as defined in the charge, or that his
| acts and statements were ratified by
the defendant, represent to plaintiff
that The Courier-News was the lead
ing newspaper in the state?
A. Yes.
If YOU answer this question yes:
(b) @. Was said statement mater
ial to the transaction?
A. Yes.
Co q. Was such statement true?
A. No.
(d) O. Was it made wilfully, witt
intent to deceive the plaintiff and tc
induce him to resign his position, com
to Fargo, lake up the management OF
the Courier News, and to buy an in,
terest in it?
A. Yes.
(e) O.. Did plaintiff believe in ant
rely upon such statement, SO made, II