The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1920-11-04

An action was started in the Cir
cult Court for Bayfield, County the
past week by Attorneys Lamoreaux
& Cate of Ashland, representing R.
A. Herring, against the Peavey Pub
ishing Company in which the plain
tiff demands judgment that the de
fendanst be enjoined from selling or
transferring or Interfering with the
property of the corporation, that they
be enjoined from receiving insurance
money as result of the recent fire.
that the insurance companies be en-
joined from paying the defendants H.
HI. Peavey and wife, any money due
on account of the settlement of the
fire loss, that receiver be appointed
for all property, equitable interest,
things in action and effects of said
corporation and any further relief
that the court may deem equitable.
In his complaint the plaintiff al
leges among other things that H. H.
Pc. vey is t. e owner of one share of
stock in the defendant corporation,
that Ella S. Peavey, his wife is the
owner of twenty-four shares of
stock in the corporation, but that
plaintiff believes said III. H. Peavey
is in reality the owner of all shares
held by himself and wife.
The plaintiff further alleges that
he became interested in said corpora
tion as the owner of ten shares of
stock in said corporation, on or about
January 1st, 1916, that he purchased
the ten shares from H. H. Peavey,
giving his note in payment thereof of
$600.00, which note the defendant
corporation has in its possession, and
that the said ten shares of stock so
purchased are still held by the de-
fendant corporation and he further
alleges that as promises for stand
| ing by the ship" as the term was
used, he was further promised the
stock formerly owned by M. S. Hull,
amounting to 10 shares and the stock
formerly owned by A. C. MACPHERSON,
amounting to five shares in considera-
tion of remaining loyal and taking
entire charge of the business and as
suming all responsibility for its sue
cess and further that when the busi-
ness was put on paying basis and
things were going along properly that
the plaintiff should be entitled to re-
ceive some additional sum in cash
for his services to enable him to live
decently, this being in addition to the
salary of the plaintiff which was to be
$500 per week and $500 per week
additional to apply on note.
| The plaintiff Herring alleges that
the defendant Peavey Immediately
upon his return from service placed
himself upon the payroll of said COM
pany at 500 per month, 1T ever
since said time has continued to pay
himself said salary; that he has taken
absolute control of the affairs of
said corporation, has ignored plain
tiff entirely in the management of
the business, and has contracted
debts, has not accounted for moneys
collected, and has conducted said
.,ls:ness of the corporation as though
1t were his own personal business
during all of said period. The plain
tiff further alleges that the corpora
ton is indebted to him for work, labor
and services performed and which it
was agreed stock in said company
should he turned over to him.
The plaintiff, further alleges that
he was asked to surrender over and
deliver to Peavey the ten shares of
stock for which nate was given and
that plaintiff was entitled to nothing
in payment therefore.
In answer to the complaint as filed