Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1922-07-13
COURT HOUSE NEWS
COMMON PLEAS COURT
Suit Filed Against a. p. Pinkerto

COMMON PLEAS COURT
Suit Filed Against A. p. PinEertOn
The Cochran e. Pinkerton Co., a
corporation, vs. A. P. Pinkerton, ac.
tion for accounting and equitable
relief, is the title of new case filed
Petition states that the company
was Incorporated and organized In
the year 1907, for the purpose of
carrying on the business of a whole
sale grocery. Since Feb. 25. 1907.
defendant has been sec'y-treas., and
general manager. The petition also
states that during defendants man
agement of said business, he made
annual reports to the board of di-
rectors of plaintiff, purporting to
give an accurate statement of the
condition of the business, which di-
rectors believed to be correct in all
respects until February, 1922, at
which time it was discovered by the
directors that the annual report
made by defendant to them, and
which included an invoice purport-
ing to be correct as of the date of
Dec. 81, 1921, to show the stock of
goods then on hands, was incorrect,
false and fraudulent, and was
known to be such by defendant.
Said report purported to show a sur
plus or profit for the year 1921.
of $1,762.66, and an accumulated
profit growing out of the profit of
previous years, amounting to So
900, which sums were reported as
being available for the payment of
dividends on the common stock.
Said reported profits of S1,762.66
for the year 1921 was stated to be
in addition to other profits for said
year amounting to $3.50, which
was used for the payment of divi-
dends on the outstanding preferred
stock. Petition further states that
false report was so made by defend
ant when there was at that time no
profit whatever for the year 1921.
and no accumulated surplus or profit
from the business of preceding
years, but in fact deficit of large
sum OF money, the exact amount be-
ing unknown, because defendant
has refused to disclose to plaintiff
information touching said matters,
or to turn over to plaintiff records,
etc. But plaintiff believes such def
icit aggregates more than $780,
10000. 1t is also stated that de-
fendant has taken for his individual
use large sums of money and large
of goods out of the assets of
plaintiff
Petition also states that at divers
times between Jan. /, 1917, and
March 6, 1922, defendant wrongful
ly, unlawfully and without author
ity sold certificates of the capital
stock over and above the amount
to be issued, in aggregate
par value of $18,250.OO, all un-
known to plaintiff.
Petition also alleges that since
1918 defendant has annually made
incorrect reports to the federal gov
ernment, causing company to pay a |
much larger amount of income tax
than was due, by reason of false re-
ports. Continuing, the report states
that since Jan. /, 1917, defendant
has made annual returns to the
auditor for taxation, much
correct or proper.
In conclusion, the petition AYERS
that in respect to all matters here
inbefore complained of, defendant |
has pursued general course of !
conduct in dealing with |
plaintiff and its directors, in con-
,ealing the true and correct condi-
lion of plaintiffs business since Jan.
[, 1917, and prior thereto. In April,
1922, defendant then knowing that |
plaintiff was about to have an audit |
made of the books and records
which had heretofore been kept by
defendant as an officer, destroyed a
arge number of records, Cancelled
checks, ETC., by burning same.
The prayer of the petition is that
In accounting be had between plain
iff and defendant, and that judg-
nent may be rendered in favor of
plaintiff and against defendant, in
accordance with the facts ascertain
ID, and that plaintiff may have all
'ther proper relief
PROBATE COURT
C. W. Kennedy, Joseph T. Sheri-
Ian and John Ross appointed ap-
,raisers of the estate of K. r. Brad
ey.
Carl Patterson, C. E. Crew and P.
:. Armstrong are named as apprais-
rs of the estate of Mary E. Bucey.
Final account and vouchers of
Amelia Leland, guardian of Ray
nond Crisman, filed
Will of James Lafollett has been
lied for probate.
Marriage Licenses +
Ralph Edwin Mcintyre, 18, coal
miner, Murray City, and Lesta Nor
ison, 16, daughter Of Edward Nor
ison, Rev. Frank Gillian.
Tread Melvin Clark, farmer, FL
lott, son of VIM. Clark, and Madge
Iarie McPeak, of Union, daughter
f Jno. A. McPeak, Rev. r. O. Nc
Lac officiating.
RECORDERS OFFICE
The following have been filed for
ecord: Trustees of First Baptist
hurch property, McConnelsville, to
he Ohio Baptist Convention, a cor
oration.
Geo. w. Workman to S. L. George,
acre, Bristol, 81; Emory J. Able to
ilas Able, 80 acres, Homer, $500. +,
Mrs. Lennard Sears and Mrs.
florence Morris of this place went
, Summerfield last Friday expect e
lg to remain over Sunday with /
RS. ]. F. Hill. However because
the illness of Mrs. Hill they re-
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