a most
misleading statement. The assets of Horse's Neck aren't worth a hundred
thousand dollars. And if any of the minority don't want to come into the
reorganization--and I assure Your Honor that we would welcome their
participation--they can have their equity appraised under the laws of
Delaware and the finding becomes a lien on the assets even after they
have been transferred."
"What relief does that give a man like Mr. Barrows?" shouted Mr. Tutt.
"He can't afford to go down to Wilmington with a carload of books and a
corps of experts to prove the value of Horse's Neck. It would cost him
more than his stock is worth!"
"That remedy is not exclusive, in any event," declared the judge. "If
this complainant is going to be defrauded I will enjoin this contract
_pendente lite_ and appoint a receiver."
"Your Honor!" protested Chippingham in great agony. "It is not the fact
that this mine is worth ten million. It isn't worth at the most more
than one hundred thousand. It is, full of water, the machinery is rusted
and falling to pieces and the workings are practically exhausted. The
only way to rehabilitate this property is for everybody to come in and
put up enough money by subscribing to the stock of the new corporation
to pump it out, buy new engines and start producing again. Is it fair to
the majority, who are willing to go on, put up more money, and make an
attempt to save the property, to have this complainant--an ex-convict
who never paid a cent for his stock, dug up from heaven knows
where--enjoin their contract and throw the corporation into the hands of
a receiver? This is nothing but a strike suit. I repeat--a strike suit!"
He glowered breathless at his adversary.
"Oh! Oh!" groaned Mr. Tutt in horrified tones.
"Gentlemen! Gentlemen!" expostulated the court. "This will not do!"
"I beg pardon--of the court," stammered Mr. Chippingham.
"Your Honor," mourned Mr. Tutt, "I have practised here for thirty years
and this is the first time I have ever been insulted in open court. A
strike suit? I hold in my hand"--he waved it threateningly at the tall
hats--"a circular issued by these directors less than five years ago, in
which they give the itemized value of this property as ten million
dollars. Shortly after that circular was issued the stock sold in the
open market at one dollar and ninety cents a share. In two years it sank
to ten cents a share. Will a little water, a little rust, a little
trouble with
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