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Show STOCKS FORCED FROM I PINGREE BY THREATS, j SAYS BANKER IN SUIT Ephriam P. Ellison Seeks Recovery of Shares Valued At $75,000 in Court Proceedings Brought Against Ogden Business Men; Court Grants Temporary Injunction. , Receivership ot the Ogden Packing ami Provision company is a.keil by Ephraim P. Ellison, president of the National Hank of C'om tnerco, in a suit filed in the district court, in the event that "Tij shares i of block in tin Ellison Ranching company ami tin- Laytm Sutfar com-1 pany, alleged to have been intrusted to tho cave of James Pingree, when he was president of that company, are not returned. The suii is filed against the Ogden Packing and Provision company, Mi Pingree Pin-gree and several others designated :h ' the committee of creditors" who have had qontrol and supervision of the business of the packing company. "Ur. Ellison allerea thai when he In- I Mr. Ellison alleges that when he Intrusted In-trusted his stoek certificates to Mr. i Pingres'a care March IS, 1920. h.- did o" with the belief that Mr. Plngn was 'solvent and that he relied Mpon his I promise to return the stock when re- I Quested. PR l l l I.I .1 l j Despite this promise Mr BUiBon now complains that, "In truth of fact, the : defendant Pingree was threatened then by serious financial reverses and I Insolvency and fraudulently concealed his financial condition and the danger 'of his insolvency.' The OOmplOlnt sets forth that at 'h time of the delivery of the stock Pingree Pin-gree was president of the Ogden Packing Pack-ing & Provision company anil that that company was heavily Indebted i and unable to meet Its obligations STUCK Tl KN ED I SR. Mr Ellison charges that at the time 'the stock was turned over to Pingree I he was then president of the j : I n 'Packing & Provision company and. (when that company was taken over hy I creditors, they conspired to ecur the stock from Pingree and "by threats 1,1 (criminal prosecution forced Pingree to i hand over the stock-" ! The piiintiff sets' forth thai the i "committee of creditors" mentioned, j as W H. Shearman. Eya C. Erb', W. II Wattis, John R. Washburn, L. L, Up-Iman. Up-Iman. A. G, Becker, C H. Poppenhusen. j Carey W. Rhodes, James II. DeVine J and the Continental and Commercial bank of Chicago are now intrusted With the affairs and management of the packing company and are all named nam-ed as defendants l.t I NOT M f NfTIONED. The value of the stock Is not m n- Honed In the COmplainl Mr. Ellison explains there were 382 shares of stock In the Ellison Ranching com-pany com-pany and 194 shares in the Lay ton Su-I Su-I gar company. Mr- Ellison alleges that at the time , the stock was handed to Mr. Pingree h( was in no manner indebted to him' ;or the packing company Well knowing know-ing ibis and also that 'he stock wis ' his property, he charges the "commit-i "commit-i tee of creditors conspired to wrong- fully secuie the stck by means of I duress, fraud, and threats of criminal i prosecution and forced the stock, from , Pingree " l NI. PI I . PR4 Mlsl ." Mr. Ellison further alleges that the I stock was turned over by Pingree I w ithout consideration except "the lin- lawful promise made by said defendants defend-ants t Pingree not to inform against Pingree for violation of a United ; States law " After the stock was extorted, Mr. ' Ellison complains, It was taken over I In the name of the Packing company, j but the stock has ever since been held j and now Is held by the corporation defendants de-fendants and the Individual defendants 'mentioned in the complaint. VAJ tM VI 7fi ""' . It Is set forth by Mr. Ellison thai the Ogden Packing & Provision company com-pany sometimes pretends that the ' stock has already been applied to the uses of the corporation, but he. charges and insists that the company I received the stock with full notice of I his rights and If the stock has been I applied and cannot bo returned, that ho is entitled to a Hen and preference ! .irr.n tVl.. nvMOt5 Of tllC COmiiallV Of upward- of S7.r..0nu. "IRREPAR K t l -l Mr. Ellison set forth that the stock Is of peculiar value and cannot be replaced re-placed upon the market, and that ncbts inuring I" lb. pl.nnllfl as a stockholder and by reason the stocks are also of peculiar value, T!f a character char-acter not susceptible of ascertainment and compensation, and the loss of the certificates would occasion him great and Irreparable damage. Fearing that the del. ndants will, or have pretended to. cause a transfer of the stock to Innocent purchasers and will prevent the plaintiff from recovering re-covering the stock, except at great loss, Mi Ellison a-ks th- court to restrain re-strain the defendants from making any transfer or disposition of the certificates. cer-tificates. The plaintiff also alleges that the alleged threats and fraudulent coercion coerc-ion committed by the defendants In procuring the stock from Pingree. were completed without his knctwledgi and lie did not know until long after the transaction the purposes and means employed to extort the stock or "the Illegal uses to w hich the same j had been applied." DI M Nls REF1 BED. Upon being Informed of the facts surrounding the transfer of tho slock. Mr Ellison charges that he demanded return of the certificates, but the d I fendants negb cted and refused, and still refuse, the return. Recovery of the stock Is sought by Mr- Ellison, in the event that it Is in the possession of any of the plaintiffs. l( the stock has been transi. rt. , to innocent in-nocent purchasers, he asks for Hen aod preferred claim upon the assets ol i he packing company to the full v; hie of the stock. An injunction order has also l n filed by Mr. Ellison pending the he-r-mg of the case. Tho plaintiff also Y (Continued on Page Two) I . !:s Forced From i 'zy:? Cy Threats, j' Ssys Canker m Suit 1 oni Inucd ! 1 - .in Pace im- a.sks the court to appoint a r- Ivor f"r the r.icl-.lnir (.yunpatiy in Uie event that It be necessary to insure reparation. repara-tion. IN.H -no GRANTi i A temporary Injunction restraining the teft'tidarits lr..ii .,,K; ,,f the stock was granted yesterday by Judge Jin. s N Kimball t..g-lhei with an order to show cause ordering the defendants, de-fendants, to appear in court February I 1. At that time the defendant-; will be required to show cause why a permanent per-manent injunction shall not be Issued pending final disposition of the c,ls.. |