Every evening, Wilmington daily commercial., 1906-06-05
T0E SALE STOPPED
DNlaEc,l TaRk Restrained From
Selling EY.ns & Co.'s SeCu-
rites Next Thursday.
TEMPORARY INJUNCTION
Issued by Chancellor Nicholson
at the Instance OF J. Mon
teith jackson, Who Asks
tor Return OF Stocks.

ben nlaimln Nlelles tnuNrtl lot - i
Monteith Jackson, appeared before !
Chancellor Nicholson at Dover yester- /
day afternoon and asked for prelimi- !
nary Injunction TO restrain the Ma /
tional Bank Of Wilmington from sell /
ing certain stock deposited with the |
bank by the brokerage firm of Evans /
Co. for loans and also TO compel the |
bank TO return 800 shares of the capi-
tai stock of the Jackson a. Sharp Co.
70 Mr. jackson.
The sale. was advertised TO take
place on Thursday. The chancellor
made on ORDER restraining the bank
from selling the stock mentioned ana
gave the defendants until June 18th to
show cause why the Injunction should
not be made permanent.
The bill of complaint sets forth that
the complainant on OF about Novem-
Der 30th, 1903, entrusted 10 the defend
ants, II. l.. Evans a. Co., one hundred
shares of the capital stock Of Jackson
& Sharp Co., of the par value of 500
each and on or about January 3Oth,
1893, entrusted 20 II. l.. Evans s. Go.
two hundred other shares of the CAPT
tai stock of the jackson g. Sharp Co.
of the par value OF SlO0 each.
That the stock was deposited to Sc
cure the repayment to Evans d Co. of
any money the firm might be called
on 60 advance complainant or may pay
out for him on account of any bonds,
stock or other securities or property
it might purchase for complainant and
for no other purpose whatsoever.
That on OF about February 29th,
/ 1904, Evans 6 Co. borrowed from the
/ defendant, the National Bank Of Della
ware, the sum Of $500, for which
| they gave certain promissory note,
/ dated February 10Th, 1904, made by
/ Charles II. Tubit, Jr., an employe OF
/ Evans & Co., to the order Of and in
/ dorsed by II. J.. Evans q Co. and
instead of using 300 shares Of the stock
for the purpose entrusted to them,
| Evans & Co, without the knowledge
or consent OF the complainant, con-
verted the 2OO shares Of stock TO the
use of the firm and pledged the same
with the powers Of attorney thereto
attached, together with three 81, 600
five per cent bonds of the New Castle
| d Delaware City Railway Co., 20 the
bank as security for the loan.
That on OF about March l4th, 1908,
| Evans & Co borrowed from the Ma
tional Bank Of Delaware the further
sum Of IS, 600 and gave A promissory
note dated March 14th, 1895 made by
Charles II. Tribit, Jr., TO the order of
and endorsed by Evans q Co. and
converted the other 100 shares Of stock
without the knowledge or consent OF
the complainant, and pledged the same,
together with six $1,000 five per cent
bonds of the New Castle & Delaware
City Railway Co., to the bank as
security for the loans.
! Ems q llt. 81. rrrr rs frn nc
ferred. the bank was not indebted tc
Evans & Co., but on the contrary
Evans q Co., at the time and still are
indebted to the National Bank o
Delaware in sum amounting TO sew
eral thousand dollars, received by The
firm from the sale of stock and bond.
Of the complainant.
That at the time loans we're made
Harry L. Evans was one Of the direc
tors of the bank, its vice president
and the acting president thereof, ans
at the meetings of the directors of thl
bank, which made the loans, he wa
present and discharged the duties o
his Office as director and acting presi
dent of the bank, and consulted. ad
vised and recommended the loans il
his capacity of an officer of the bank
and while so acting in the discharg
of his duties as an officer of the ban
falsely alleged and represented tina
Evans & Co. had the right to pledg
said certificates with blank powers q
attorney as security for the loan. Tha
he knew the securities we're bein
fraudulently connected and pledged a
collateral for the loans.
That Notwithstanding the fradulen
transfers of the stock, the Nationa
4 ! II 4 l. N.aIr..N D.
300 shares of stock for sale at publi
auction, at the auction rooms 2
Stidham & Son, Ill East Fourtl
! street. on Thursday, June 7th, at /
o'clock a. gm., and will cause the sam
a to be then and there sold, to the grea
injury Of the complainant, unless re
r strained by Injunction.
/ Continuing the tbill Of complain
SAYS that the National Bank of Della
ware be decreed to surrender and dc
liver up to complainant the said 30
shares Of stock and that the bank b
restrained from selling said 800 share
: Of stock and that preliminary iniunC
I | tion may issue to restrain the ban
from selling said stock.
n The following order was granted b
p the chancellor. 'It is ordered by th
chancellor that a rule issue directed I
{ the said defendants requiring them I
e show cause if any they have, why
preliminary INDUCTION should not 1
g granted as prayed for before the char
: eeflor at the Court House in Dover, O
Tuesday, the twelfth day Of June, nel
: ensuing, at 10 o'clock in the forenoon
+ "And it is further ordered by th
chancellor that the said defendant, th
= National Bank of Delaware, its of
u GERS, agents and attorneys, be and th
same are hereby restrained from sell
It ING the 800 shares Of the capital stoc
J, of the jackson & Sharp Co, in sal
!. bill desented, or any part thereof,
b auction or in any other manner unit
the further order of the chancellor.
D. l. X. Nicholson. Chancellor. -