Evening journal., 1896-11-12

pany paid an annual interest of z per
cent. on said bonds.
In February, 1889, Addicks caused
the Bay State Gas Company. of New
Jersey, to be Incorporated, and he and
w. b. l.. Dillaway transferred all the
stock of the Bay State Gas Company,
the Boston Gaslight Company, the
Roxbury Gaslight Company, all of
Massachusetts,. to the Bay State Gas
Company, of New Jersey, and the Mer-
camille Trust Company. of New York
and bonds were issued by the New Jer-
sey company. through the trust COM
pany, to Addicks and Dillaway to the
amount of S70O00 600 first series. and
$4,000 900 second series. subsequently
the New Jersey company issued bonds
Of the first series to the amount Of
s75O.OO0
BUCHANAN 1s IMPLICATED
The bill Of complaint also brings a
charge against William Buchanan, who
the complainants believe received a
large sum of money, and the income
bonds held by him with interest
thereon. The complainants also al
lege that Buchanan caused his bill
against the company to be discontin-
ued.
THE BILL OF COMPLAINT.
The plaintiffs pray: First. That the
defendant may be required to render
full, true and perfect accounts under
the direction of the honorable court of
all moneys and other assets and prop
erty of every description received, held
or owned by it since its Incorporation,
and of all incomes therefrom, and also
of all payments and dispositions of it's
moneys and other assets and property
of every description, since said date
Second. That 1t may be decreed
that the defendant company is in
debted to your orators and other hold
ers of said income bonds to the amount
of per cent. per annum annual inter
est upon the income bonds held by
them respectively since the last pay
ment of interest thereon, and that the
defendant be ordered to pay the same
to your orators, and to the other in
come bondholders
Third. That the defendant com
pany and its officers, directors, agents
and attorneys may be enjoined and re-
strained by the injunction of this hon
Orable court from selling, transferring.
mortgaging, pledging or in any man
ner disposing of any of its moneys as
sets or property. and from removing
the same from the district of Della
ware, and from disposing of or remov-
ing from said district any of it's rec
ords, books of account, vouchers, docu-
ments or other papers and especially
that the defendant company may be
enjoined and restrained from making
good any deficit under said trust agree
ment, either to said Bay State Gas
Company, of New Jersey, or to said
Mercantile Trust Company, and from
making any payments TO either of
said companies.
RECEIVERS ASKED FOR.
Fourth. That one OF more suitabl,
persons be appointed receiver or re-
ceivers Of the assets, effects and cred
its of the defendant. TO preserve tho
same until the final decree herein. and
for the purpose Of recovering by proper
process, and under the direction of this
court such of its moneys and other as
sets and property as have been dis
posed of fraudulently, illegally orwith-
out consideration; and
ladnAlNs nat NOuA HUuOI grant ulll
your orators such other and iurther re-
lief as the circumstances of this case
may require and the court shall seem
meet.
"To the end. therefore. that the de-
fendant may be required to make full,
true, direct and perfect answer to the
averments herein.
May it please your honor to grant
unto your orators not only a writ of
injunction confOrmable to the prayer
of this bill, but also a writ Of subpoena
to be directed to the defendant, com
manding it at a certain day and under
a certain pain therein to be limited to
be and appear i'm this honorable court
then and there to answer all and sin
gular the premises, the oath thereto
being specially waived: and, further "a
stand to. perform and abide such fur
ther order, directions and decree
herein, as the nature of this case may
require, and to this court shall seem
meet.
"By the fraudulent acts mentioned
in our prayer, we believe the defendant
company is insolvent and was not able
to meet the principal of the income
bonds from the beginning"
Judge Wales announced that hs
would not appoint receivers until the
company had time to prepare a de
fence The amount involved I'm tho
present suit is $4,000.