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Show SO OF i!f iini ssii Promotion Profits Or Returned to Compa Judge Bramel. Finding ' Constitute, : Judgment on Final Q; of Plaintiff. Judgment for fi.'jO.ln ,v. from Juno o JU7. v:ts ,lv." West Cache 8uKar i'oinp:,,',v iu i t s suit ag:,iusl ,!, .y and Lorenzo Stolil, IV Judge V. K. Lrainel of liK. t trict court. The finding of the court , a full judgment on the fi;i ' the plaintiff as submittal j-' sion of arguments iu (,,. The amount represents t; realized by the defendants in ! f-ition by tho plaintiff tmnf.,. Knight sugar factory innVl., .:' ada to Cornish, Cache va!W ' Tile original complaint, ago next month, asked I'm'.,' of $2!I7,UUH. of which if Ip;,.'.,,,, leged to have been realized p'-fendaiits p'-fendaiits as fraudulent ,.,.,''. and !r luO.UOO was asked a, ' Trimming tho claim as tr. prr 9107.0UQ to ifloU.SoU odurr,, eight weeks of evidence takij. of the case. Tho claim p,, was voluntarily eliminated livii tiff, with explanation i!m " that, since filing the suit, ,.trp. and liens resting against tho,'" plant had been adjusted, na-claim na-claim for damages no longer e To Appeal Case. According to intimation frw for the defendants, the c.asc v,.! piealed to the supreme enurt. meantime notice has been rc Frank L Holman and Jolm ,, the firm of Cheney, .fensou i counsel for the plaintiff, t!:-ments t!:-ments will be heard tomorrow by Judge J. D. Call of the Kirs-court, Kirs-court, at Logan, on the da.-,, the suit instituted there liv I,. bitt, son-in-law of Mr. llcmlii.:. have a receiver appointed fir t:. pany. The action for appoi:.:-a appoi:.:-a receiver was brought dnri::: dericy of the suit just dfi:i.i ground that the company's t::' being wasted in the proseouUj, founded litigation. Controlling principles, with all decisions during tho h-' ty-five years, constitute tiie '; the opinion written by Juiig-accordiug Juiig-accordiug to the preamble. "T of promoters is of recent devel.;: it reads. " I do not mean thai ', eal ideas and equitable rnn" volved in the subject are nen--:. it. These ideas and princiil-. . general form, are as old as ti,: between Aequitas and Dolus. . mean is that the judicial law ' plying these ideas and prineip--anomalous situation of the :r.i::. his intended corporation h?:s. the memory of men still liviw.' The matter of name of tiife: ship is yet indeterminate, the opinion. " ' Qu;: si-trust," agency,' 'a position aimlapy;.-' of guardian and ward,' act z terms have been used to irreality ir-reality of the idea that a p: charged with certain obligsti'i: the opinion. "It leads to the -suit whether we call those o: by one name or another. Ti;; ligations of status."'' Meaning Explained. Explaining that the meacK." word ''promoter'''' is a rela::' tinct notion in the mind of et;' ligent man, the court dwells -finer relationships of promoni: every promoter falls within tiou'ot a typical promoter." -ion reads. '"One may becos nioter by euteriug into foe : at any "stage prior to fhet-the fhet-the corporation is complete:; and furnished with an ;T-board." ;T-board." Expressed in the opimoa, ing of the court is that the : of the "West Cache Sugar (' gan in the spring of lilli) a-'-.r, abandoned, on September 3t. contended lv the defense, t' other time. The opinion af the court is unable to fniJ -Stolil lui J an option on tSf plant, as contended, and do:: -, he entered into the pronio::;- companv about the middle n. 191(5. the defendants m.i:r.'-Mv. m.i:r.'-Mv. Stolil became associated ' promotion of the plaintiff ' sequent to November S, a' 11 it was claimed he secured a-1 the Knight plant, lat.T .;, llendi'ickson to an interest ' tion. Promoter's Liability. Actual fraud in the t0:;':;. moudaw sense is not. a "'" " ment in the fixing of bal'dv ' motor, in the opinion ot ;; "Manv courts." roads the o,-speaking o,-speaking of tho pertnn:i: motors, use the word IraiM -terizing acts that are not i fraudulent at common :r' such a tiling as cqnita"'1' -there is common law tra"1- ;. lingua aspeia (liar l",,-'.!: luiL'iia Ion is (lenient lwnewt.1- . Willi regard to the ,il,',-:.';' . plaintiff that fee dclo-! dclo-! and friuiduU'tifiy" voprc moil basis of interest '.' ' . holders, the court Ia, ;.p leuis" wil do as wed as peril ' ' in this piace. ( .. "Iu Hie eve of i''!'1".-1' .' opinion in another motor is the trustee or '-. corporation, even if "; ' ' . . l,,i nt 10 in some msi ances t " 1 " ers, even if net yei . I "J".'. " beneficiaries or prun'M ing, the opinion sjvs: , A promoter, in dcnl'.j'.- ,'i; . position, must ileal ef', w il iiuu I concealment. ' "' , , ; propri'lv to 'the ,.,!:,, close I hrouch nil ili'l"!''"'" l'",es Hull are p-necr ' ''l ',' ; ' t'oard to I . :.-7V?.,':' such a board, woi ,'. I once Ihe ii'';j"l in t 'ous,- |