Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-31

stockholder AFORESAID. a large part Of the
assets OF said association, and did also
transfer to the said company the remainder
OF said assets. In consideration, amongst
other things, that the transferee would TO a
certain extent accept Of all the risks ana
responsibilities OF the association as then
existing and would tender 20 each Of the
certificate holders. and If accepted. upon
the surrender OF the certificate OF endow-
ment then held by them, would deliver 70
them policies of insurance In the said COM
pany, based Upon premiums calculated for
the respective ages which the certificate
holders had attained when such tender was
made. BY such transaction the said associ-
alton became insolvent and thereafter was
intended to and did cease business
AT the time Of the said transaction there
was In existence a board OF trustees OF said
association, named as follows: Thomas
Someryiiie. Lawrence Gardner John Joy
Edison. John T. Given. Ellis Spear. Charles
b. Bailey and William II. Wetzel. and all
OF them residents of said District, and UP 70
that time the said association was I'm active
operation, as going concern, but the plain
this are advised and believe said board was
not consulted about or notified Of such
transaction and did not in any way particI-
Pate In Its execution. And the PLAINTIFFS
are advised and submit that because OF
such non-concurrence the said transaction,
and all conveyances Hereunder of real or
personal assets. were irregular. and. there
fore, convei ted the persons TO whom they
were made into trustees on behalf Of the
plaintin and others having like claims.
Were Not Informed.
Several days thereafter. and as soon as
they had learned what had thus been done
hy the defendants. the plaintiffs severaliy
and at once repudiated the same. The
plaintiffs reside In the District Of Column
bia, and up to the time OF said transaction
have been in the habit Of meeting the de-
PENDANT Gardner personally, In business re-
sorts and otherwise. in Washington almost
daily. Nevertheless. although he then knew
that they were holders of such certificates
he at no time informed them Of the design
TO either assign or distribute the assets
OF the association, and TO transfer its con-
tract with them as aforesaid; nor did he
DO this until such transfer had for several
days been concluded and then only in a
general and absolute way, giving no de-
tails and making no specifications there
abouts.
Since then the plaintiffs have applied TO
said Gardner and also at the Office Of TIE
said association for liberty TO inspect the
bylaws. books and papers Of the latter IN
order TO be Informed upon a business foot
ing as to their existing interests under
said certificate Of endowment and also for
information as TO the details of the afore-
said dealings between the Defendants.
But such liberty and reasonable request
for information has been refused by Card
ner personally and also by the officials at
said office.
Upon Information and belief under the
said transaction. Gardner has been allowed
by the said company to retain a large
amount OF money or Of pecuniary values
OF some sort In consideration OF pretended
interests OF his In the assets OF said ssso-
citation then to IL transferred: and there
upon they are advised and submit that te
could have no interest In such assets or
their proceeds until their own claims there
upon as creditors had been satisfied. ara
tnat they are entitled to an account By
said Gardner OF any amount received AZ
aforesaid. TO be applied TO their satisfac-
q
association shall in any way because a
or In connection with said transaction TAN
OF being recovered specifically and applied
to the purposes Of this suit.
Receiver Asked For.
Amongst the assets so transferred was
the value of house and premises known
In the plan OF Washington as 40
10th street northwest being the place
where the office OF said association is
situated. Plaintiffs are advised and submit
that under the above state of things they
are without remedy at law but that IN
equity the dealings betwixt the said de-
PENDANTS, as aforesaid. are a fraud upon
their rights, and terminated the contracts
OF the association with them: in conse-
quence of which they are entitled TO have.
the present equitable value of their claims
upon said association ascertained and 70
recover from the association such values,
10 be satisfied out OF any assets of the as
ISOLATION now existing, including therein
such as are or have come into the hands Of
either OF the defendants as aforesaid
The plaintiffs are also advised and sub
init that for the purpose of the relief 10
which they are entitled IL is necessary that
a Receiver shall be appointed to take charge
OF TIE assets of the said association and
wind up its business I'm due course OF adj
ministration. To the end. therefore that
the said defendants may upon oath true
and perfect answer make all and singular
IN the premises. and that they may cone
h.
pointed and an Injunction granted prohibits
ing the defendants during the tendency of
this suit 10 intermeddle with the assets and
business or said association. and that the
piaintins may have such other and further
relief, etc
May IL please the court TO grant TO the
plaintins wrtts OF subpoena, to be directed
10 the said Washington Beneficial Endow-
me1t Association, Lawrence Gardner ana
The Commercial Alliance Insurance COM
pany, thereby commanding them, etc"