Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-31
ASK FOR A RECEIVER
Three Endowment Association Certificate
Holders File q Bill in Equity.
They Request That a Receiver BE APP
pointed and an Injunction De
Granted Pending the Suit.

Az briefly reported in yesterdays Star. a
bill In equity was at O'Clock filed in the
office Of the clerk OF the Supreme Court Of
the District OF Columbia by Robert Ball.
Hannibal ID. Norton and Solomon j. Fague
against The Washington Beneficial Endow
ment Association, Lawrence Gardner and
The Commercial Alliance Life Insurance
Company, asking for an accounting. the
appointment of a receiver and for an in
Junction.
The compliments, after stating that they
are all citizens of the District of Columbia,
add that they bring the suit upon behalf of
themselves and all other persons having
life claims, who shall come in, contribute to
the expenses of the suit, and make them
selves parties thereto. Next complete de-
scription Of the defendants is given, as well
as a history of the Washington Beneficial
Endowment Association from the date Of
its Incorporation, April = 1877, and the
objects thereof. Then the bill goes on as
fellows:
From the date of its original organiza-
ton until the present month. as the plain
ISOLATION has continued to succe ssfuIly trans
act the business of life insurance upon the
oasis In part OF an endowment fund COM
posed of its own incorporate property and
In part of the proceeds of assessments
made from time to time upon the holders
of Its certificates. as usual In mutual in
sLrance companies. In this way during the
seventeen years of its existence il has re-
celved by assessments and otherwise and
paid out on account OF debts Of persons
holding its certificates more than a million
OF dollars and at the time of the assign
ment, hereinafter stated, it had accumu-
lated an endowment fund consisting of
property. both real and personal to the
value of at least $4,000
Upon information and belief a majority
of the shares of said capital stock which
heretofore were In the hands of many
oiherent persons within two or three years
last past have been acquired. to the amount
or 2ol shares or more, by the said Law
renee Gardner, and these continued to be
held by him until the time of the said as
signment In the same way, at the in
stance of said Gardner, and since his ac-
QUESTION OF majority of the stock many
OF the shares thereof-which, when taken
tosether with his own, constitute as plain
uns are informed and believe the whole
or said capital stock, or very nearly so
have been transferred by their former hold
ers 10 the association itself, and thus yir-
tCally to the said Gardner
Also. upon Information and belief IN
the due course of its business from time TO
ume since 1877, the said association has Is.
sued policies of life insurance under the
name of certificates of endowment 10 many
thousands or persons, who thereupon pun,-
tually made payment of cash and execntad
notes as in that connection required and
subsequently ever since have also fror,,
tIme TO time made payments of assess
a.
spects have complied with their Obligations
under said contract and of these persons
some l.2oo or more are yet surviving. and
holders as aforesaid.
Payments by the Piaintfns.
The plaintiffs are three OF the persons
Just mentioned, and Of them. Robert Ran
Is Insured by the said association in the
sum OF 5000. and holds five certificates of
endowment for that amount in all, and is
sued thereby from the year 1877 TO the
year 1854. being dated ACCORDINGLY. And
tnat upon assessments made upon him al
various times. in respect of the same he
mas PAID IN an about h.S6o, without reck-
ontng interest thereupon.
HANNIBAL ID. Norton is insured In the
same way by the said association In the
sum OF S2.oeo, for which he holds Ike GER
tificates. issued, accordingly I'm the wear
1877. on account OF which be has been as
sessed from time to time. and has paid in
all several hundred dollars. without reck
oning interest; and
Solomtn j. Fague in the sum of ZOO
with like certificate Issued on June 20. Issl
and on such account he has been assessed
and has paid several hundred dollars, not
them. have hitherto faithfully and nunc-
tually compiled with their OBLIGATIONS In re-
spect Of such contract
The operative parts of the contract upon
tne part OF the association by said certii-
Gates OF endowment, emitting names dates
amounts, etc, are respectively as follows.
Now therefore this certificate witnesses
that in consideration of the representa-
tons made to said association, etc. the
Washington Beneficial Endowment Asso-
citation hereby agrees with (naming one of
the plaintiffs. etc). 10 pay to tnaming ben
ehciaryo or their legal representatives the
sum or y within sixty days after salts
factory proof of the death Of Cthe piaintiff
named as above) has been received and ac-
cepted by said association
Mr.. Gardeners Action.
Further, upon information and belief.
about the 9th day Of the present month
said defendant, Lawrence Gardner, who al
that time was. as aforesaid. the sole stock
holder I'm the said association Of his own
will snd in contempt of the rights of the
plaintiffs against the association, and with
cut notice to them and without their knowl-
edge or consent, after negotiation with said
company and acting therein partly in the
name of said association and partly in his
own name. and otherwise. undertook to free
the said association of it's contract with the
plaintiff and the other certificate holders |
ard to transmute such contract into other |
contracts OF insurance by the said COM /
Dany. Ard In the Same connection DO ia \