The Washington times., 1894-08-31

attained when such tender was made.
1T BECAME INsoLvEST.
I'll. By such transaction the said association
became insolvent, and thereafter was intended
TO and did cease business.
"i2. At the time of the said transaction there
was in existence board oftrustees of said asso-
citation, named follows Thomas Somerville,
Lawrence Gardner, John Joy Edson John i.
GlYen, Ellis Spear, Charles b. Bailey, and Will
lam ii. Wetzel, and all of them residents of said
District and up to that time the said association
was in active operation, as a going concern, but
the plaintiffs are advised ana believe said board
was not consulted about or notified of such trans
action, and did not in any way participate in its
execution And the plaintiffs advised and
submit, that because OF such non-concurrence,
the said transaction and all conveyances there
under of real or personal assets, were Irregular,
and therefore converted the persons TO whom
they were made, into trustees on behalf of the
plaintiff and others having like claims
''l3. Several days thereafter, and as soon as
they had learned what had thus been done by
the defendants, the plaintiffs severally and at
once repudiated the same.
"l4. The plaintiffs reside in the District of Co
lumbia, and UP to the time of said transaction
have been in the ha bit of meeting the defendant
Gardner personally, in business resorts and
otherwise, in Washington almost daily, never
theless, although he then knew that they were
holders of such certificates, he no time in
formed them of the design TO either assign or
distribute the assets of the association, and TO
transfer its contract with them, as aforesaid:
nor did he do this until such transfer had for
several days been concluded, and then only in
general and absolute way, giving details and
making specifications thereabOuts
"l5. Since then the plaintiffs have applied to
said Gardner and also al the ofice of the said
association for liberty to inspect the by laws
books, and papers OF the latter in order 70 be in
formed upon business footing TO their exist
ing interests under said certificate of endow-
ment and also for information as 70 the "details
OF the aforesaid dealings between the defend
ants But such liberty ard reasonable request
for information has been refused by Gardn er
personally and also by the officials at sad ONCE
GARDENERS PRETENDED INTERESTS.
''I6 Upon information and belief under the
said transaction, Gardner has been allowed by
the said company to retain large amount of
money or Of pecuniary values Of some sort in
consideration OF pretended Interests OF his in
the ass cts OF said association then 10 IL trans
ferred; and thereupon they are advised and sub
init that he coIld have no interest in such assets
or their proceeds until their own claims there
upon as creditors had been satisfied, and that
they entitled 10 an account by said Gardner
of any amount received as aforesaid. TO be ap-
pled to their satisfaction in case any part of the
assets OF the association shall in any way, be-
cause of or in connection with said transaction,
fail of being recovered specifically and applied
10 the purposes of this suit
III. Amongst the assets so transferred was
the value Of a house and premises known in the
plan OF Washington as No. 4l9 Tenth street
northwest, being the place where the Office of
said association is situated.
ais. Plaintiffs are advised and submit that
under the above state OF things they are without
remedy at law but that i'll equity the dealings
betwixt the said defendants, as aforesaid, are
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 10 recover from
the association such values, 10 be satisfied out
OF any assets of the association now existing in
Guiding therein such or have come into
the hands of either of the defendants as afore-
said
40. The plaintiffs also advised aud sub
NIT that for the purpose of the relief TO which
they are entitled it is necessary that receiver
shall be appointed 10 take charge of the assets
of the said association and wind up its business
in due course OF administration
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 come to account, and that A receiver be
appointed and an injunction granted prohibit
ing the defendants during the pendency of this
suit TO intermeddle with the assets and business
of said association, and that the plaintiffs may
have such other and further relief, etc.
May it please the court to grant to the plain
titfs writs OF subpoena, TO be directed TO :he said
Washington Beneficial Endowment Association,
Lawrence Gardner and the Commercial Alliance
Insurance Company, thereby commanding them,
o. RAJ