| Show I 1 I 1 open afo USE KOW I 1 TO rile nin A ros FOR I 1 14 grows grov s out ef cf the tac 1 dif fic ulUes over H astory rr cf I 1 tha company compani Z I 1 f I 1 f frank hns has had arp r rea 1 L complaint to lu le bo in c u urt rt today to day adv in ill rl acot damage lit agil aloan alexander Il kosara john I 1 u rovers a and james jamaca rogers as ill the result ot if derence re rence dilleh baile iivo biting pi ting tit ir chii them inc they vacie tc vai atle ie together r in the salt sail aple amusement arsoula tion lit in october or lat last year sir mr maltese alleges bilk ses linthe ft that lie he 1 as bliar bharms ot of thi the th i caal tat lal stock of oc the compo rallon on it october jet ill at which taille lie and ills as ail expended about upon the building loni 1000 of which had been by himself the not being complete at this time maltese malte SLI and other incorporators iacoi it is 13 allega alle allt gd IgEA burrowed lioi from janes james rogers 1200 and and 13 T executed a note for the amount which they secured with 1100 shares chares of the a association 44 oc it t stock stoc the three defend ah ts worn were then given a share of stock each in the association james roger n being elected electea a director and J 13 rogers secretary at the hie time it Is further alleged maltese anti and papel gaye james rogers an option tor for six ix month on oil shares ot ol stock at the surn bum of 1230 1250 the 1200 borrowed from james rogers was then expended upon the building under the direction ot or tit thi defendants but the building was still gnall ancon uncompleted condition sir maltese then alleges on oil information and bellot belief that between n octo october ber ath and november 16 1894 the defendants fend ants made a a deal dall whereupon hereupon J 13 and james rogers who had assumed control of business of the association after loaning the 1200 informed them that 2000 more was vas needed to C complete the building buil din and Ni altese and executed execute a a note tor for the amount secured by sol shares of block istock later maltese e a I 1 leges lie and others raised which was given to J 13 and jam jamea e s rogers to complete the building a and nd from this time on oil neither maltese altese SI por nor were allowed to have anything to do with the management ot of the business at tile alie time of the completion ot or tile the bu building 11 an I 1 g maltese altese I further alleges tile tho entire indebtedness on oil account of the building did not exceed and it did a profitable bub incEs from the time it was as opened but subsequently J B D rogers represented that lie expended on the store rooms and offices in february 1893 1895 the complaint goes on to state the defendants represented to the plaintiff and other stockholders that the total indebtedness was about and said that it if a mortgage was given tor for and 1230 1250 shares of 0 a took stock trien in the hands of the defendants fend ants or J P mcgrath was given as collateral they could procure a loan of and take up the indebtedness when due the note and mortgage were then executed in favor of the dank bank of commerce but maltese alleges on information and same instead ot of being delivered to the bank was wag held b by y the defendants who advanced the money themselves about the sometime same time maltese further alleges the defendants procured yarley varley joseph to order an execution on oil 8 a judgment which they had against the association cia tion and to threaten to levy on the box receipts of the theater it if the amount was not paid A resolution providing hat all stock now outstanding be eat called I 1 ed lit in and declared null and void and a new issue of 2000 shares be made at tip por per sharp share and enough stock be set aside at that price to pay olt off the indebtedness Indebted nesa after which each present stockholder shall take in such new issued block lit in proportion to the amount of money invested by him and that GOO COO additional shares be held as treasury stock la Is then set out its as having been pa passed used lit in Febri february tary 1895 after chinh it Is alleged thattie new stock waz was issued I 1 byj B rogers acting for fop and the other defendants without canceling the old stock and a portion of it sold bold tor for 10 per share it is then alleged thack that J B rogers has had bad charge of all the books and accounts of the asso association clat ton and handled all the money and by refusals to give plaintiff any information about the financial condition of the business liag has damaged him in the amount for which judgment ly Is demanded |
