The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-02-10
Creamery
Stock to Go
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to vs. s'''.;.s,cs' :: s
NA,o."u
Court Order Wy Carliss TO
Surrender 1896 Shares
of Alamito Dairy
Company.
Defendants to Appeal

Leroy Corliss, former president of
the now defunct Waterloo Creamery
Company, was ordered yesterday to
turn over to Herbert Daniel, receiver,
,076 shares of the preferred and $50
shares of the common stock of the
Alamito Dairy company, of a par
value of 500 each, or a total of
s193 600.
The order was made after an all
day hearing. in which it developed
that the assets of the defunct COM
pany had disappeared so that the re-
ceiver has been able TO get hold of
almost nothing of value.
After making the order, Judge
Woodrough refused a request of Cor
liss' attorney, David Fitch. that he
name a supersedeas bond for appeal
The only possible recourse of Corliss
Is to get an order of injunction from
the court of appeals. His attorney
said he will take steps at once to do
this.
Corliss testified that the stock had
been turned over to him as trustee
for several creditors of the company
whose claims he had guaranteed.
Evidence Shows No Meeting.
He exhibited resolution which he
said was passed by the company d.
rectors January 12. 1921. turning over
the stock to him. w. C. Fraser, at
torney for the receiver. exhibited the
minute book of the corporation which
shows no meeting held on January
12. 1921. There is no entry in the
book at all on that date.
The judge also ordered Corliss not
to vote the 1.941 shares Of stock at
the annual meeting Of the Alamito
Dairy company. February 20.
Company Making Money.
Ccrliss said the company is now
making money, but is not paying divi-
dends.
Daniel testified the only stock he
has received from the defunct COM
pany's assets Is So shares in concerns
of very doubtful value.
Bert Corliss. brother Of Leroy, and
also indicted in connection with the
promotion of the company, testified
that he received so shares OF Alamito
stock for services rendered, but has
disposed Of Il.
He admitted that his brother has
one of the many unaccounted for
Waterloo automobiles. Ford. which
he said he took in lieu OF $110 due
him from the company. -
At the morning session Leroy Cor
liss testified that he did not know
what had become of $4,000 worth of
automobiles owned by the company.
The receiver has not found a single
one.
H. A. O'Hara. an accountant, tes-
titled he found many books missing
when he tried 10 make an audit. The
missing books he said included the per-
sonal accounts offLeroy Corliss.
Kennedy to Preside.
Federal Judge Thomas II. Kennedy
will preside over the trial of Leroy
Corllss and 10 other persons involved
in the Waterloo Creamery case. in-
stead OF Judge Woodrough. The case
will begin Monday.
The defendants filed an objection to
Judge Woodrough yesterday on the
ground that he would be prejudiced
in the criminal case. through hearing
a number OF civil actions in the same
case.
United States Attorney kinsler.
scenting an attempt to delay the trial.
communicated with Washington and
then got Judge Kennedy by telephone
in Cheyenne. Judge Kennedy con.
sented 10 come and the big original
case VII go to trial as scheduled
Judge Woodrough may go to Salt
Lake Cltv next week to try q case.