The Old Lawyer's Email Gave Our Court Filing A Date
Part 5 · 4 min read ·
Ruth's new document was an email dated July 2, 2019.
Brinefold's lawyer at the time had sent it to Cormac, with Ines copied.
The receipts do not transfer stock. We still require signed transfer agreements and proper approval for any new issuance. Do not change the ledger on this basis.
"I had forgotten that email," Ines said when we met at Ruth's office. "I remembered asking. I didn't remember he answered in writing."
The review team had found it in the company's archived mailbox. The former lawyer confirmed sending it and supplied his own retained copy.
For seven years, Cormac had spoken as if no one had ever told him no.
Here was the date somebody had.
There was more. The document examiner had compared my saved receipt with the supposed surrender. The second page contained a copied image of my signature, including part of the stain. The other workers' pages showed the same kind of copying.
The review team had also found the editable surrender file in Cormac's company folder. Its saved history began the month before the proposed sale.
"An old receipt, a new page, and a ledger entry he was warned not to make," Ruth said. "We can now support what we alleged."
I asked her to reject the $90,000 offer.
"No counteroffer yet?" she asked.
"He wants me to sell everybody else's silence with mine."
"You couldn't release their claims anyway."
"I know. He keeps acting like they don't exist."
Leon sat beside the window, turning his work cap in his hands.
"I don't need him ruined," he said. "I need what he took put back."
"And the records fixed," Priya said. "So we don't have to prove this twice."
Tess pulled a small notebook from her bag.
"And our legal bills. I wrote that down because I keep forgetting to ask."
Ruth wrote our goals on one sheet. Restore the shares. Account for the dividend. Enforce my consent agreement. Recover proper costs. Protect the evidence.
She explained that none of those results was certain until we had an agreement or a court order.
Then Cormac gave us a deadline of his own.
His lawyer sent notice that he intended to replace the board through a shareholder vote. He claimed his full 420,000 shares and held a proxy for another 110,000 from an absent investor.
Together, that would give him a majority.
With his actual 204,000, it would not.
"He wants the people reviewing him gone," Tess said.
The meeting notice set a date for the following week.
Ruth filed our case in Delaware's Court of Chancery. The complaint named the company and Cormac, described the missing shares, and asked the court to enforce our rights. It included a request for fast action before his planned vote.
Our certificates, the original agreement, the payment receipts, and the old lawyer's email became numbered exhibits.
Leon asked whether his worn certificate would look bad in court. One corner had gone soft in his wallet years before.
Ruth placed it in a clear sleeve.
"The condition of the paper doesn't reduce the shares," she said.
He smoothed the corner through the plastic anyway. I understood that. I had ironed my good blouse twice before coming in, as if one crease could make my facts easier to dismiss.
I checked every page before signing my sworn statement.
On page four, I found a wrong date. The draft said I had received the false surrender the day before I hired Ruth. It had arrived during our first meeting.
"The claim is the same," Ruth said, making the correction. "But you're right to catch it."
It mattered to me. Cormac had made a business out of calling small errors harmless until they added up to his name on someone else's property.
Heron agreed to keep the deal open through the first hearing. It would not extend forever. Its factories had budgets and orders of their own.
At home, I laid my court copy on Nana's sewing table.
My bank balance was $3,842. I had no job, a roof repair waiting, and a lawyer who had already done more work than my first payment covered. Ruth had agreed to defer further bills while we pursued recovery.
I could not spend a share certificate at the grocery store.
Ines brought over soup and said nothing about courage. She fixed the loose handle on my kitchen drawer while I ate.
"Your grandmother hated that handle," she said.
I laughed, then cried so hard I had to set down the bowl.
She sat beside me until it passed.
On the morning of the hearing, I put a tiny film boat in my coat pocket. Its bottom had a red streak from a failed dye test.
At the courthouse, Cormac waited beside his lawyer.
He looked at the folder in my hand.
"Last chance to be practical," he said.
Then the courtroom door opened, and the clerk called our case.