The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-05-24

the d sfendant is q corporation, organized
and existing under the laws OF
the State of Indiana, with ITS
It's certificates and obligations made psy-
able here. this court has n right and In
equity should receive all assets of the de-
PENDANT. pass upon claims of creditors and
members. and make equitable and rarable
distribution among the entire membership
OF the order. after paying all preferred
claims and costs and expenses incurred.
Continuing, the complaint says:
And plaintiffs are further advised and insist,
on behalf of the members OF the order through
out the country. that in case the court or courts
or any state shall refuse TO require or permit the
various receivers in the said several states TO
account with and pay over TO the receiver mere
such SUMS as they have may hereafter gather
and collect, but shall attempt 10 hold and dls-
tribute the same exclusively between and for
In such state then and IN that case the creditors
OF the defendant and the members thereof. being
citizens or such state. should not have any rsn.
share any part OF the funds now held or hereafter
acquired for distribution.
soMERBY's NEW ORDER.
The complaint then sets up the organize
ton Of the new order by Somerby ct al.
The purpose of the new order was 90, and
it has induced many members to become
members thereof. under an arranRement of
some kind whereby members of the new
order who had been members Of the old
should hold su bstan TALLY the same rights
In the new as in the old order at the time
of the appointment of the receiver. In
pursuance of this arrangement they were
required to and many have assigned or
made some kind of q transfer of their GER
titicate of mem bership or interest In the
property and assets of the defendant to the
new order that the same might be collected
by it from the receiver and transferred to
the new order. That Somerby Is supreme
officer in the new order, and with his assO-
it in various States. The complaint al
leges shat at the time OF the appoint
ment OF the receiver there was outstand-
ing matured certificates to the amount
of s150.000. and that since that time certiti-
Gates and sick and disability benefits to the
amount of 70. O00. 900 have matured and are
maturing at the rate of S300. 900 per month.
Ii Is alleged that there are no officers of the
defendant order. except those existing az
the time of the appointment of the receiver,
who have abused their trust, as charged In
the original complaint and sustained upon
hearing had and the appointment OF tho
receiver. and Somerby and his associates
have lost their rights to hold any office by
their organization of the new order. Som
erDy and his associates claim that they
are still officers, and many MEM
beTs claim that they are not on
account of their INSTRUMENTATION,
rIon to take steps for the election OF officers
of the order To the exclusion of the other
party. 1t Is alleged that the defendant is
grossly insolvent. without any probability
of becoming solvent and able to meet it's
obligations. and that the interests OF tho
mem bers throughout the country require
that there should be a speedy collection
and distribution of the assets.
The prayer is as follows:
That final order be made in the case adiudg-
ing that the defendant Is grossly insolvent that
IL ia longer capable of continuing Its business.
but that all the members and creditors OF the
order should present their claims TO the receiver
herein. in such form and manner as the court
may direct TO the end that they may be allowed
or disalowed and the funds now or hereafter
coming into the hands OF the receiver shall be
marshaled and distributed 10 the various per-
sons entitled To receive them, according TO the
rules of equity and that in such order il shall be
adjudged that ir any court, after being re-
Quested, fail, neglect OF refuse, within reason
able time, to be fixed ny this court in the order.
after the demand made by the receiver herein
upon such court or the receiver thereof to &C
count with ana pay over to him such moneys as
he may have in his hands, then and in that case
that members OF the order OF said state, If such
court receiver shall be acting throughout
such State, in such court receiver
shall be acting for part of the State only as O
county or city, or single branch thereof, then no
member residing in such Jurisdiction shall be per-
mitted TO present any claim 10 this honorable
court or share in the general distribution Of the
assets thereof.