Show i UTAH SOAr COMPAnS AffAHS mJCTION TO PREVENT SEu mG OF TEASUY STOCK It Is Asked For By Stockholders Want a Forer Transfer Vacated Federal Court Notes I Ar injunction suit was fed in the federal court yesterday by certain stockholder of the Utah Soap company against other stockholders and officers to restran hem from selling or dispoSing dispoS-ing i of the treasury stock of the company com-pany The complainants are E L Penn and E A Penn of Mt Pleaant 1a and Frank W Ingersol and L P In gersol of Denver The defendants are H F Kincaid president and general manager 3 R Bruit secretary and treasurer Emma F Kincaid and Wit lam T DInwodey of Salt Lake Judge l1arshal granted a temporary injunction injunc-tion which was served on the defendants defend-ants by United States Marshal Gen Muter yesterday and Dec 5 was fixed a the date when the defendants should appear and show why an Injunction should not be issued restraining them from disposing of the stock The complaint alleges that the Utah Soap company was incorporated Jan 3 1893 wIth a capital stock of 5000 consistng of 500 shares at 100 per share At the time of the organization F W Ingersol held 18 shares E H Hacket 10 H F Kincaid 58 John R Bruff 20 WIlliam T Dinwoodey 1 making a total of 307 Twenty shares were paid for by the company and two more were issued but the circumstances circum-stances and conditions are not known leaving l 17 unsubscribed stock Upon organizaton J R Brff H F Kin c aid E H Hackett William T Din woodey and F W Ingersol were let ed directors H F Kincaid was elected president and general manager J R B ruff secretary and treasurer No meeting to elect officers has been held since orgaizaton E H Hacket ha disposed of an his capital stock ands i and-s not now a stockholder At a pretended pre-tended meeting of the directors NOv 14 189S Ingeron not being present Emma F Kincid wife of H F Kin c aid was elected director in place of Haket although she ha never been legaly qualified to act A meeting was caled for Nov 23 1898 and F W In gersol was unable to reach Sal Lake owing to a delayed train On Nov 22 he telegraphed H F Kicad the president pres-ident asking him to delay the meeting The message was received tJ Kincaid who held the meeting regardless of IngeroUs abence H F Kincad Emma F Kincad J R Brff and W T Dinwoodey were present the later however declining to participate The others authorized H F Kincud to dispose dis-pose of fifty shares of stock at 60 per share pretending to pay the debts of the company when in fact i is asserted as-serted there was no such necessity The stock was sold to Bruit when however the company was not indebted indebt-ed to Bruf I was i is alleged a conspiracy todcbtaln control of the stock and i is believed they intend to dispose of the remaining capital stock with fraudulent intent Bruf and Kin caid made public declaration i is af firmed that the sale of fifty share of stock was tQ obtain control A the stock should stand F W IngeroU has 1 share L P IngersoU 127 E L Penn 50 E A Penn lOS while J B Brf H F Kincaid and Emma F Kincaid combined only have 141The The complaint further states that these directors have declined to vacate the sale of fifty shares of stock The court is petitioned to compel Emma F Kincaid to show how she was appointed appoint-ed iL director and H F Kincaid Emma F Kincaid and J B Bruff are asked to show how much they received for the fifty shares It Is demanded that they be enjoined from selling or dispos lag of the treasury stock that Emma Kincaid be restrained from acting as a director and that the sale of fifty shares be adjudged void as well as further sales hereafter |