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BROUGHT SUIT TODAY AGAINST CLARK MOTOR CAR COMPANY FOR $26,000.AGREEMENT NOT LIVED UP TOAIAlleged That Company Has Failed in All of the Material Provisions Under Which the BonusWas Advanced. ./dred men at any time, that the workof erecting the factory must begin•within sixty days of the acceptance of the agreement by the new company that the plant must be completed within four months, and that it must be operated at full capacity for at least five years. Further it was agreed that after $75,000 worth of the capital stock in the new company had been taken by solvent subscribers the Industrial Club should convey to the corporation not lessthan three nor more than four acres of land for the factory site. Then it was further agreed that the failure of the corporation to live up to the | H terms of the agreement should make it liable to the company for $2,000 on account of the purchase of the real estate and for $25,000 as liquidated damages on account of tbfcInstead of being ended as was in-Vi]dicated by stories published earlierbonus. ' Then the lien was Insertedthis week, the troubles of the Clark Motor Car Company seem only tohave fairly begun, as a suit was filed in circuit court this morning the set* tlement of which will have much toin the deed by which the real estatewas conveyed to the corporation.Messrs. Slaymaker and Clark perfected the corporation and the officers were elected. They were then and still are the following: President, J. H. Akers; treasurer, ArthurIIwdo with the future of the company, j Thurston, and secretary, Arthur The Citiens’ Industrial Club, thruwhose efforts the formation of thecompany was made possible, haswithdrawn its support of the ventureWoodard.September 20, 1909, Messrs. Slaymaker and Clark made the proposedccciofdiCcfixciiassignment of all their interests to inagand is now demanding $26,000 of fte corporation, binding it to per-the company, the money having been form the terms C0nditj0ns and pro-diiadvanced as a bonus in an effort tomake the institution a valuable one to the city.visions and '‘The Clark Motor CarCompany” accepted .the assignment ca and agreed to be bound by its terms.The story is a familiar one to TJle buildings were erected and themost readers of the Democrat, as all. • * * •*.* .. , • * * . *•*the details were placed faithfully and accurately before the citizens of Shelbyville by the press at the time the move was on foot to push the organization of the company. The bonus was advanced but, stripped of all legal verbiage, there was this string to it—that the company must make good, or when it had demonstrated that it was unable to do so the money advanced must he returned to the club. To insure that the cash invested by the club would not be dissipated or drift into channels from which the club would never be able to recover it a lien was included in the deed by which the real estate on which the factory building is located was conveyed to the club.The suit filed this morning thru Attorneys Wray Campbell is for the purpose of foreclosing the lien against the real estate and it is also asked that the property of the company be sold for the payment and satisfaction of the claim of $26,000 the club has against the company.The plaintiffs in the action are Harry B. Griffey, Thomas E. Goodrich, Gierluf Jensen, Harry A. Hage-man, David Levinson, Joseph P. Myers, James McLaren, Orlando W. Cotton, Albert DePrez Henry Schoelch, Myron E. Cole, Oliver M. Ware, and George H. Schoelch as trustees for the use of the Citiens’ •Industrial Club. Included among these plaintiffs are the president,secretary and the executive committee of the club.One of the main provisions of the contract that brought the motor car company to this city specified that the plant from its opening must furnish employment for not less than one hundred men, subject, of course, to exceptions in case of fire, strikes, panics, etc.. and it is generally .admitted that the company has failed to make good regarding this item and many others as well. It hascompany began the manufacture and sale of automobiles early in 1910. The Industrial Club ’also fulfilled its promises by paying for the real estate and putting up the $25,000 bonus. In the suit just filed the club claims that the company has not lived up to the terms of the contract with it and it asks that thehiiM:thhehaevse:mim;enCilien be foreclosed, and the real es- thtate sold for the payment of their claim of, $26,000.The bonus money, it will- he recalled, was secured by the platting and selling of the Industrial addition to the city, an addition which is rapidly building up in spite of the failure of the automobile company to live up to expectations.I RULEDJUDGE BLAIR THOUGHT THREE DECREES ENOUGH FOR MRS. LILLIE BUSHFIELD.(From Saturday’s Daily.)Mrs. Lillie B. Bushfield, a wealthy land owner of near Smithland, was denied a decree of divorce from her husband, William H. Bushfield, in circuit court this morning by Judge Blair. -The court did not mincewords in announcing his decision. He said he was liberal in the matter of granting divorces and that he didnot believe in forcing people to re-. • *main matrimonially bound when it was plain they could never agree. Then he added that if he got in the habit of granting divorces in such cases as the one Mrs. Bushfield had presented that he would have a steady job at the business and no time left for any other court mat-gegabystiondemem(wawicoithiwiwecaihiigelofbeen operated only spasmodically ters. He said the plaintiff had aland recently has not been running at ready been granted a divorce three all ■ on account of an involuntary j times in the circuit court and thatpUChtheda;coida;hastiihewaSu:Sa]theHetoficetorhesaiga£bankruptcy proceedings that arose'he thought that was enough for heron account of financial embarrass-' an(j that there would be no decree?ment. The bankruptcy matters were iSSUed in the case.all adjusted and it was announcedThe couple were married Feb-early this week by the officers of the ruary 20, 1910, and the separation company that the plant would be put occurred April 7, 1910. Mrs. Bushin operation again and that the offi- fiej(j charged abandonment and al-cers and stockholders were hopeful■ * * *• / * •• * 1 .* » iof making the business a success.leged that her husband became sullen because she would not let himgotsonhoithecei]ofthaofhishisstafentheThese kind of promises have been manage her business. He also stirmade time and again by the men In-! charged him with habitual drunken- aftterested in the company, hut the In-, Dess Bushfield was in court and heHOdustrial Club seems to be discount-, testified that his wife expected him ing them and to have decided that j to do all the work, hut that she al-there is no chance of success. The J iowed him only two dollars while he members of the Industrial Club were j was living with her. He admitted the second parties to the agreement ^ that the couple had signed an agree- He: by which the company was estab-jjnent after the separation by which, shi; lished in this city. The parties of, obtained some money from his ly the first part, it will be recalled, wife and the agreement was intro- sto:thewere G. B. Slaymaker and John D. Clark then of Anderson, Ind. The latter is now a resident of this city, but he is not now connected with the factory, having left it on account of troubles between him and the managers.The agreement was that the first parties should cause to he Incorporated a company for the manufacture and sale of motor vehicles, parts and accessories, capitalized at $150,000,norduced in evidence.Mrs. Bushfield was represented by j was Attorneys Oscar Williams and K. M.. unt Hord, and Prosecutor Cheney ap- - enethe denJohn Oldfield reported to the thepeared for the defendant.Democrat today a shooting incident ney that took place Tuesday night at! abl;nine o’clock in front of his residence j weion south Pike street, but he was un- Soni Iable to give the names of the partici-| sco:with 1,500 shares of $100 each, and j pants. He said that one man fired a ( agewith the principal dffice and factory; shot at another man and that he^ Thegot a glimpse of the man firing the ers‘ shot, but could not tell who he was.located in this city. Further the first parties were to assign to thenew company all the property, busi- John Goldsmith, an aged soldier,ness and good will of a partnership known as Clark Motor Car Company,” of Anderson, in exchange for $50,000 of the stock in the newwho has a room on the second floor of 1 of the Oldfield residence, reported tot a f Mr. Oldfield that he saw both the, nigl men, but did not think the one shot, nooIn addition to this it was at was struck by the bullet. The , metcompany.fh a nn. r.uri
Newspaper Details
Shelbyville Shelby Democrat
Shelbyville, Indiana, US
Thu, Jun 27, 1912
Page 2
Full Page
Clipped by
Elyria P.
OH, USA 07 Jan 2023
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