Every evening, Wilmington daily commercial., 1906-03-05
SECOND EDITION
A RECEIVER APPOINTED
To Take Charge Of the Affairs Of
h. l. Evans & Co.,
Temporarily.
TH0MASF. BAYARD NAMED
Appointed by The United States Court
at Noon Today.
ON |. C. ELLIOTT'S PETITION
Mr.. Bayard Will Serve Until a
Trustee IS Named.
TO Be CHOSEN BY THE CREDITORS
THOMAS F. .BAYARD NAMED
Appointed by The United States Court
at Noon Today.
ON l. c. ELLIOTI'S PETITION
Mr.. Bayard Will Serve Until a
Trustee Is Named.
TO Be CHOSEN BY THE CREDITORS

Judge bradford, ia the United
States Court, at noon today, granted
the request OF q. l.. Ward and u. }.
Reinhardt counsel for Isaac 0. Elliott,
creditor oil Evans Il Co., 10 the extent
Of "a, 500, for the appointment Of . re-
oeiper tor that concern. Following
the judges decieicn ths counsel inter
esteu ir the case held a conference
with Judge Bradford IN his parlors
aud 1t vas later announced that
Thomas r. Bnyard had been agIesd
upon for receiver. The bond of the
petitioninR creditor was fixed at
81, O00 ana the receivers at $50, COO.
The pftition was filed several days
ago, and ID AYERS that the principal
reason for asking for a receiver is to
better safeguard the interests Of the
otsditoFs. The receiver will have
charge OF the affairs Of the company
until the court gives some decision
on another petition, which was filed
several days ago. asking the court to
sdjudioate the firm an involuntary
bankrupt. If this petition is also
granted and the firm declaredka bank
Fupt, the creditors will hold q meeting
aud select trustee and the receiver
will then ke relieved from any further
duties. h. u. Evans and John a.
Evans, members of the firm Of Evans
& Co., we're in the court when areu-
ment was heard.
Judge Bradford in announcing his
decision, said that be had the highest
regard for Mr.. Dandy loyalty and
that there was no suspicion whatever
that he would do any thing but guard
the interests of the creditors.
Court was opened at II o'clock, aud
MI Ward Immediately read the petit
ton Of Mr.. Elliott, asking for re-
eeiver. There weFe two answers on
posing this petition, one filed by the
as ignee and the other by the firm.
The answer Of James w. Ponder,
counsel for John 81. Dandy, assignee,
TO the petition Of Isaac @. Elliott for
the appointment OF 3 reoeiver, states
that on February 10Th, Evans s. Co.
executed a deed Of assignment to the
deporent and this deed Of assignment
is offered as a part If the answer !;
that by virtue of said assignment
this deponent hath taken charge of
the books, pagers and such securities
and real and personal property of the
grantors, as have come unto his
hands" that Immediately upon the
execution of the deed this oeponent
took possession of all the books Of said
firm, papers, its letter files, letter
press books and other records, docu-
ments and papers of every kind and
description, connected with the bust
ness of the said Rrantors at their place
Of business in this city, and the same
have been ever since and still are in
the sole and exclusive custody of this
deponent and have not been removed
from that place Of business at any
time, not subject to the access of said
grantors or any other person, except
this deponent and his specially ap-
pointed accountant and agent; that all
books have been placed in a safe. the
key of which is in the sole custody Of
this deponent and that there is no
danger or jeopardy that any Of the
books records or papers of said grant
ors shall be lost, mutilated or de-
HtEoyed by fire, or otherw Use, or in any
way tampeTed with by any person
that the assignment was made under
the provisions of chapter 1877, Vol. XIV.
Laws of Delaware. passed at Dover,
March 18th, 1876; that under the pro-
visions of the said statute a schedule
OF the assets of said assignors must
be made within 30 days of the date oi
the execution of said assignment; that
thereupon appraisers duly appointed
by the Chancellor would, in due course,
appraise all the property Of the said
assignors and that thereupon this de-
ponent, as said assignee would enter
into a bond in double the amount oi
the said appraised value Of said assets
conditioned upon his due admiuistra-
tion Of said estate; that it would be
the duty of this deponent to render
accounts of his administration to the
said Clhancellori that, pending tbs
determination of the petition in bank.
ruptcy in this court heretofore flee
against said Rrantors, this depaneni
hath no intention TO perform any aci
which would alter the condition Of
status of any of the securities which
nave come into his hands, OF which
would in any way interfere with th'
rights Of any creditor OF the saiC
grantors, or do and perform any ac
which would be detrimental or iniuri
Gus to the estate of the said grantors
that this deponent has, as such as
slgnee, and in the discharge Of hii
duties as such. incurred expenses 0
accountant and clerk and counsel fees
both here and in the city OF Philadel
phia, for which, in case he is super
Beued bV tha arpoin EnanE of a re