Show CUMMINGS BRINGS SUIT I Against the Utah Commercial and Savings Bank SAYS THEY OWE HIM 9662 MRS SIARCirETTI AND MIKE ROSE I ARRESTED FOR ADULTERY Will Have Their Preliminary Hearing Hear-ing on Monday Caroline Peter lon Granted u Decree of Divorce Restraining Order Against the Sheep Rock Miiiinsr Company Modified Short RullnRw Suits Filed and Court > otes Probate Orders Melville E Cummings who was recently Melvie cently indicted by the grand jury for embezzling funds of the Utah Commercial Commer-cial and Savings bank of which institution insti-tution he was formerly the cashier yesterday entered suit in the Third district court against the bank to recover re-cover 966250 alleged t be due him The complaint sets up that on May 27 1895 he was indebted to the defendant I defend-ant on a promissory note in the sum of 8000 and that on the same date he was indebted < to the defendant on an open account in Io the sum of 4000 and that to secure said indebtedness he delivered de-livered to the defendant collateral security se-curity as follows Ten shares of 100 each of the capital capi-tal stock of the Lehi Commercial and Savings bank five shares of 100 each of the capital stock of the Spnngville Banking company five shares of the Mount Pleasant Commercial and Savings Sav-ings bank 2500 shares of the Utah Mine stock In the sum of 25000 ten shares of Diamond Mercantile company com-pany stock in the sum of 1000 12500 shares of the Diamond Coal and Coke company in the sum of 125000 25 shares of the Security Abstract company com-pany in the sum of 250 one diamond I ring valued at 100 one set diamond I ear rings valued at 90 one diamond shirt stud valued at 125 one diamond I pin valued at 90 also certain real estate es-tate in this city of the value of 1500 I and other real estate of the value of 5887 subject to a mortgage of 3500 I I is then alleged that on May 27 the plaintiff sold to the defendant 51600 of j stock of the Western Loan and Savings company for the agreed price of 1400 and on the same day paid the defend ant 200 in cash making 1600 which the defendant agreed to credit upon the indebtedness due from the plaintiff plain-tiff Plaintiff then alleges that according to agreement the defendant sold all of the collateral security mentioned realizing re-alizing 2166250 including the cash payment of 1600 which was 966250 over and above all moneys due the defendant de-fendant by the plaintiff Plaintiff alleges that he on February 15 demanded from the defendant the said sum of 966250 with interest which sum or any part thereof < the defendant refused to pay wherefore plaintiff prays for judgment for the amount and costs of suit The plaintiff says that a large portion por-tion of the securities given by him a collateral security were neither sold or offered for sale but simply taken in by the bank at their own price without with-out giving him notice His any notce attor W R ney Hutchinson says that some little time before Mr Cummings was indicted he made a polite request of the bank people that they refund him the amount realized by his securities over and above what he owed them and the only reply he received was an indictment by the grand jury |