Show CONTINENTAL ON V THE GRilL AGAIN ACAIN Insurance Company Comp ny V Rumpus ReEchoes in Hearing of Kimball Case TYREE REGIME RECALLED HINTS AT AT FRAUD MADE BY WIT WITNESSES WITNESSES WITNESSES NESSES YESTERDAY Taking of testimony in the case of George S Kimball against the Conti Continental Continental Life Insurance Investment company brought In hi the United States court for or or the Northern district of Call Cali California fornia ornIa was was completed in Salt Lake yes yesterday yesterday afternoon before Edward M Me Garnett appointed examiner for the purpOse The examination began hegan last FrIday and a number of men prominent in the business world of Salt Lake have been called taIled upon upon for depositions Those giving givIng ing testimony yesterday were W H B Cunningham T R B Cutler W WV we S Mc McCornick McCornick V Cornick and Dr H N Mayo The suit is brought to recover alleged to be due under a breach of con contract contract tract Through the demands and con contention as well as in the defense runs the thread of alleged mismanagement and md unauthorized actions of Hiram Ty Tyree Tyree Tyree ree former president and general man manager manager manager ager of the Continental It is set forth orth that prior to April 7 1906 George S Kimball the plaintiff pl associated with Frank A Werner acted as Is a general agent for the defendant company Later Werner disposed ofis of his is partnership Interest to Mr Kim Kimball ball Following this it is alleged complications corn como arising out of the actions of Hiram Tyree the president and general manager of the company at that time led to the annulment of Kimballs conr con contract contract tract with the company company Kimball of offers offers fers in support of his contention a let letter letter letter ter received from Tyree Tree and the com corn company company pany contends that the action of the president at that time was unauthorized and md never ratified by the com corn committee of ot the company this being necessary sary under the bylaws of the company In a order to to perfect the action It Is alleged by the defendant that following the he action of Tyree the company used every endeavor to have Mr Kimball re resume resume sume rome his former position under the terms Lerms of the contract Kimballs Acts Repudiated Yesterday morning the tho testimony taken covered a wide range in the in inspection inspection and explanation of the min minutes mInUtes mm utes of the meetings of the company including the actions of the board of di dl directors directors rectors prior to and after April 7 1306 1906 and the election of T R B Cutler to the presidency of the company on that tha date W H Cunningham assistant secre secretary secretary tary tat of the company occupied the wit witness witness witness ness stand during this examination It was brought out that at the time men mentioned mentioned mentioned all aU agents working directly or indirectly were discharged and that the lease of rooms in the Flood build building buildIng ing lug San Francisco had been can cancelled cancelled cancelled celled It was shown too through the minutes of meetings that several acts of Kimball in connection with company affairs had been repudiated by the ex cx executive committee In iii June 1906 T R B Cutler under examination stated st ted that he had been president of the company since its Us reorganization April 7 1906 and that he had seen a letter written by Mr Kimball calling atten attention attention tion to the cancellation of his contract by Tyree and Wiley WUey Although not present yet et he had been aware of the holding of a meeting of the tho executive committee at which the cancellation of the ton Contract tract wag wa discussed In order that he might refresh his memory as to several dates Mr Cutler was released from the stand until the when he was recalled and gave the information that in a talk with Mr Kimball after Cutlers elec election election election tion to the presidency Kimball had said that he did not think he could go goon goon goon on with the contract because of con conditions conditions the company was in Kimball at that time had expressed a doubt if tho the company could fulfill its obliga obligations giving as his belief bellet that It was wason wason wason on on the verge of receivership on account of the mismanagement of Tyree a Witness W S McCornick treasurer of the testified es that the u executive ex committee had hall considered the action of 01 Tyree in cancelling the Kimball con contract contract contract tract but that the action had not been ratified Tho committee had decided to have Kimball finish the contract but that Kimball had refused on the ground that he thought the company was in bad repute Dr H N Mayo ayo testified that he had met Kimball In San Francisco and that the latter had told him that he did not Intend to do any more mOre business with the Continental company under his con contract contract contract tract because of the adverse notoriety the company had obtained through the wrongful acts of Tyree In the taking of testimony my In Salt Lake the defendant was waa represented by Harry C Edwards and the plaintiff by byJ byi J D Skeen of Ogden While the th hearing was Wag going on in Mr Edwards office the suit of the Con Continental Life Insurance t Investment company versus G 1 S Kimball came before Judge John A Marshall in fn the federal court for decision on a motion to dismiss the case After Af r hearing the arguments the tho court overruled the mo motion motion tion |