Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-03-06
MUTUAL FIDELITY co.
HAS BEEN RESTRAINED
1t is NOT Permitted TO Sell or Remove
Property From This District
Until Further Order.
APPLICATION MADE FOR RECEIVER
The Hearing is Set for Thurs
day, April Sd.
ACTION IN THE UNITED STATES COURT

Fidelity Co., corporation under the
laws Of Delaware, Hen. Melville w.
Fuller, Chief Justice of the Supreme
Court Of the United States, has issued
the following restraining order in the
United States Circuit Court for the
District of Delaware;
Omitted States of America, District
of Delaware, SIS, the President of the
United States of America, to Mutual
Fidelity Co., corporation of the
STATE of Delaware, and TO its officers,
directors, agents, attorneys and de-
rositnri"s, and each and every one of
them, greeting:
'Mhcreas, Calvin Jones, james B.
Stewart, John ". Bailey, Charles
Tichnor. Hill M0selay, Matthew NJ.
tilchrist, John NJ. Maury, George r.
IIenniug, Joseph b. Cahcll, James IL.
Evans and Edith |. Evans, all of them
citizens and residents OF Memphis, in
the State Of Tennessee, compliments,
on Lehalf of themselves and all other
creditors of tho said Mutual Fidelity
Co, have lately exhibited their bill Of
| complaint in tho Circuit Court of the
United States, for the Third Circuit
and District Of Delaware, against you,
the said Mutual Fidelity Co., de.
PENDANT, praying, among other things
THAT the defendant company, its officers.
directors, agents, attorneys and de
rositaries, may he enjoined and re-
strained by II preliminary injunction of
this honorable court, until further
order OF this court, from selling, trans
ierring, mortgaging. pledging or in any
manner dispoSing of, or from removing
from the district Of Delaware, or from
allowing to be taken from their losses
si0ns. any Of the moneys, assets,
property, records, books of account
vouchers, documents or other papers of
the defendant company;
And Whereas, In the above cause IA
motion for the issuance of II preliminary
writ Of injunction has been duly filed,
and it having been made to appear to
the said court that there is danger of
irrerarablc injury from delay, unless
the said defendant, its officers, directors,
agents, attorneys and depositaries, be
| restrained in manner as above prayed,
until the decision upon tho said motion
Now therefore, take notice that you,
the said Mutual Fidelity Co, de-
fendant herein, your officers, directors.
agents and depositaries, and each of
You, are hereby specially restrained
and enioned from selling, transferring,
murtgaging, pledging, or in any manner
aispo5lng OF, and from removing from
Tn" district of Delaware, and from
allowing to be taken from your posses
SION, any of the moneys, assets, pronerty.
records. books of account and vouchers,
documents or other papers of the do
PENDANT company, until the decision
upon the said motion or the further
order of the court in the premises.
According to the exhibits attached to
tho bill of complaint, on November
.lth, 1888, Sebastian L. Mccormick,
William IL. Foreman, j. S. MunselI,
W. b. McCardell, Miller r. Creighton
and j.. ilenning helms, II majority Of
whom are citizens of Maryland, bv
virtue Of the general laws of MARYLAND,
formed 4 corporation under the name
oil The Mutual Fidelity Co. of Balti-
moro City, for the purchase and sale of
goods, wares and merchandise, for n
term OF 80 years, capital stock, $50, 600.
The bill also sets forth that on
November 9th, 1900, Just one wear
later, the same persons filed with the
Secretary of STATE of the State of Della
ware their certificate of incorporation
of Mutual Fidelity Co, with its prin-
clpal office ut Wilmington, the agent in
charge to he the Delaware Charter.
Guarantee and Trust Co. The cnpital
stock was @O0,0O0, of which 800. 600
was to be preferred and 5000, 900 com
mon stock; the amount of capital 10
commence business to be s., 600. All
OF the subscribers to the capital stock
named in the certificate, according to
the bill of complaint, are tho same as
III the Maryland certificate, and their
i'7lueie9 given us baltimore, Md.
| Among tine exhibits connected with the
bill of complaint is the following letter
from the Mutua! Fidelity "a. ~ DeIa
ware To rho rnrtr.ct Ls,S.., VI III IL
| EnF,,,i IrfJ,i;t,,G Itust7 VI tle
4'tu'''l iueilCf 20. OF Baltimore city.
INITIAL fitvaSSllE 90. of Delaware fIncor-
| pnft'I i'--Nlhnington, Del, Jan. 2lst.
.,Vi' 10 NY Contract Holders of The
Mutual Fidelity 90. Of Baltimore City,
inGoiloflted under the laws of Maryland
| IN view ol recent decision Of the national
| government through the Postotiice Depart
| iHeht, ana ~ view also of proceedings
| threatened to be taken by the State of Mary
| l3hd against The Mutual Fidelity Co. Of
ihauilhofe city, The Mutual Fidelity Co,
Incorporated Under the laws of Delaware
i ~. IRte', y Issue one Of their contracts
FideIity Co Of Bait iSStsa ~ me Mutual
BE- surrendered /" th"m 3' wilasii s''a il
| the books of the said Delaware con,nonv tho
number Of weekly payments whirh lie
books OF the Maryland company show 10
m mave naell lllaan upon the contract issued by
my ", company.
nav comtr,.t wt G!iGiG Y you copy q the
With the rGquretnrnts i ~ ia y a2oi,i'anee
ormcnt, You Viii peas. n ,,t,a that g ;bis
contract guarantees 10 return YOU the money
PAD upon same with 8 per cent interest
a ,1, thereto at the maturity of said con.
INV aIrI ~ COOS MOI guarantee fixed profit
"9rto If ft Sit n. asrefs to pay the pro
bn safalv asti,notnG =, aeis s winch can