The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1914-01-17
Day-bTSt0l Mines
In Receivers Hands
ALLEGES PROPERTIES HAVE BEEN
GROSSLY ACKNOWLEDGEMENTS OF FUNDS ASKED
ATTEMPT WILL BE MADE KNOCK JUDGEMENT OF


H. E. Prudential was last Monday
appointed receiver of the Day-Bristoi
Con. Mining Co., by Judge Taber and
under his direction the somewhat
.choatic condition of the affairs OF
the company will be Strengthened out
His appointment came about through
an action filed in the district court
last Monday morning in which Con-
Nevada-Utah corporation appeared as
plaintiff and the Day -Britsol Con-
solidated Mining Company, A. WI
Middleton, and George E. Bent are
named as defendants.
The complaint filed in the case
alleges that the properties of thesl
defendant company have been gross
ly mismanaged during the past tive
years; that the funds of the company
have been expended extravagantly;
that A. w. Middleton. secretary and
treasurer, and George q. Bent, gen.
eral manager have appropriated
funds of the corporation to their
own private use; that there has been
collusicn between the Merchants
bank of Salt Lake and the said Mid
dleton and Bent to obtain title to
h Q proterty % h x
clusion of whatever interest the
stockholders might have in it's af-
AAirs.
ASK FOR ACCOUNTING
After setting forth the several al
legations in detail, the complaint
prays That Middleton and Bent
be required to make an accounting of
the funds received and expended and
that they be compelled to refund
such sums as they are alleged to have
wrongfully appropriated. That a
receiver be appointed to take charge
Of tie property of the Day-Bristol
Consolidated Mining company, it's as
sets, examining and ascertaining the
amount of its Indebtedness due and
owing to various creditors, and fol
the purpose OF resisting unauthor
lied demands and contesting, and car
rying on such litigation as is now
pending and for the purpose of carry
dng on the work Of the corporation
so far as the work Of the corporation
pretains to the operation of the sew
eral leases now working and for the
marketing OF the ores produced BY
them. For the purpose also, Of con
ducting such other operations al
may yield moneys for the purpose o
liquidating all proper and lawful de
mands against it.
The complaint also prays for tn
ousting CT Middleton and Bent from
participation in the operation AM
management Of the company's affairs
DIRECTORS WERE LAX
The complaint. alleges. anon
other things, that during the pas
fwo years, during which time tn
mine has been under the managemeI
Of A w. Middleton and George Z
Bent as officers Of the company, tha
the board of directors has not exel
kised aa1hority, supervision or col
troll over the affairs of the corpor,
u tion. nor has there been published {
made known to the plaintiff {
any other stockholder, any of the pr
eeedings of the board, or has tn
board attempted to call to accoul
the said Middleton and Bent on .
count Of the management of IL
company's affairs. 1t is further 6
legged that none Of the directors, OF
er than Middleton and Bent, ha,
been at the mine The plaintiff (;
leges that 1t has had no represent
tion on the beard of directors al
has otherwise had no means of q
ce. paining facts in relation to Il
aDay- Bristol. fflT1,I
1t is alleged further that Middlet
and Bent have administered the Z
ancial affairs of the company throu
the Merchants bank of Salt La
and have borrowed large sums
money from the bank, the amount
which is unknown to the plaintiff, {
iat they have paid into the ba
large sums of money as interest
moneys borrowed.
That on, or about, tthe 18th day
September, 1913, Middleton, as sec
tary and treasurer of the defends
corporation. puported to give to [
Merchants bank the companys pre-
:, issory note. whereby, on dema
y after date 1t promised to pay
bank $25.O0O, with interest at
cent. payable monthly, together W
R2.5OO attorneys fees, ii collec
by an attorney, either with or wi
out suit. That whether or not
Day-Bristol Consolidated Mining %
pany at anytime received such
amount. $25,00O., purported to be