The times., 1899-06-08
THE CAPITAL TRUST COMPANY.
Mr.. Leighton, the Receiver, May Pro-
coed AgninSt Mr. AIIcnIcr.

cced Against Mr.. AiIcndcr.
Justice Cole yesterday. sitting in Equity
Court No. 2, signed a decree authorizing
Benjamin f. Leighton, as receiver for the
Capital Trust Company, appointed by the
court to proceed in equity against Charles
H. Allender and such other persons as he
may deem necessary to compel Mr.. Allen
der to convey the title to lot No. so. in
square $50, TO him as receiver for the Cap
ital Trust Company. This action by the
court is the outgrowth of a suit in equity
filed some time ago by James Fraser and
others, asking for the appointment of re-
ceiver for the Capital Trust Company. The
other complainants were John Cammack,
George Breitherth, Charles f. Shelton,
Charles Christiani, John II. Rothert, Aaron
S. Caywood, Nj. Keim, and others. The de-
PENDANTS named in the petition are the
Capital Trust Company, the Dimes Savings
Bank, d body corporate; Adele B. Thomp-
SON. Charles H. Allender, Henry K. Simp-
son, William H. Crosby, Felix P. Siebert,
and Andrew NJ. Green.
Among other reasons set forth in the
complaint in the above case as to why
receiver should be appointed, the follow
ing allegations are made by Mr.. Fraser
and his co-plaintitfs:
"0n or about January II, 1899, there was
of the Capital Trust Company to serve for
the ensuing year. The election was held
In the city of Alexandria, State of Vir-
ginia, at which election the complainants,
John Cammack and James Fraser, and the
defendants. William H. Crosby, Charles H.
Allender, Felix p. Siebert, and Andrew NJ.
Green were elected directors. John Cam
mack was elected without his knowledge
and against his desire and protest, and
T,k,, 0lf 80 =
never attended any of the meetings of the
beard of directors and has had nothing to
do with the company's affairs since his
election. The defendant Andrew NJ. Green
was at the time OF his election in very i'll
health and under the advice of his physi-
clan had gone to the State of Colorado,
where he now lives, and since his election
has not participated in the management
of the company nor had anything TO DO
with its affairs. Crosby, Alender Sic
bert and Green have but little of the
stock of the company and have no special
interest in its management or welfare.
There were present at the election the
| complainants, Aaron S. Caywood and Nor
ris Keim, the defendant Charles II. Allen
der, and one or two other stockholders.
Charles II. Allender had a sufficient num-
| Der of proxies to control the election and
put in such persons as suited his purpose.
that is, they were such as had been pre-
! viously given by the stockholders giving
| them, and upon their face were declared
| to be in force until finally revoked Soon
| after the election there was special
meeting called by Charles H. Allender, OF
I the board of directors, for the purpose of
| considering the advisability of closing the
business of the Capital Trust Company
| and winding up its affairs.
i'm IN pgE va
, present and two other members OF the
| board, but no one else and il was impos
| sible, even if the board of directors had
| had the power, to take any action in the
| premises. The affairs of the Capital Trust
| Company have been under the control and
| mana cement of Charles II. Allender and
are now under his direction and control
On or about the - day Of - A. d. 1885,
! MT. Allender, with other persons, pro-
cured a charter under the laws of the
| State OF Virginia for the Dime Savings
| Bank, one of the defendants in the above
| entitled case. Mr.. Allender, with his
! associates, organized under the charter the
! company for the purpose of carrying on a
| savings bank business under the corporate
name above designated, and without the
! authorization of the board of directors of
| the Capital Trust Company, or the knowl-
edge of some of them, opened the office of
the Dime Savings Bank in the building
and office of the Capital Trust Company,
] where the Dime Savings Bank Company
is now doing business, receiving deposits
| and carrying on a general banking busi-
ness: since which time the Capital Trust
! Company has through its officers, declined
to receive deposits, and such moneys as
were on deposit with the latter company
! were transferred to and absorbed by the
| Dime Savings Bank in fraud of the right
| of the creditors and stockholders of the
! first named company"
The above extract from the complaint in
the bill filed by Fraser is signed by James
Fraser, John Cammack, George Breitherth.
Charles f. Shelton, Charles Christiani.
John II. Rothert, Aaron S. Caywool, and
NJ. Keim. Mr.. Rothert's name is signed by
his attorney, Albert Marshall.
In addition to the above the following
petition. also asking for the appointment
of a receiver of the Capital Trust Com
pany. was filed.
The petition of Charlie Hong and LIE
Moy Fon, trading under the firm name and
style of Wing Chang Ket, respectfully rep
resent that they are Chinese merchants
and engaged as such at 346 Pennsylvania
Avenue northwest Washington D. C.
That in the course of their mercantile
business they have from time to time pur-
chased drafts from the defendant, the Cap.
ital Trust Company. on Hongkong. China
which they used in their mercantile trans
actions and in the purchase of Chinese
goods from merchants in China; that or
the 18th day of April, 1898, they purchased
from the defendant draft OF that date OF
!