Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1912-12-13

TIE OSJDCT q tbs S1it Is to obtain
& 3e,=es q the Great Gear for Mont
ca-os-y coGaty, IS 6 Col-1 Ct Equity. in
fEvar e the pislzgS seSi1Ss The Safety
Sz1klzs Sa6 Tr1SS Company q Phils6el-
pAls- Ps'-aSylv,s-is- and George r Macy
q View NoCS CITY. n the STATE Of New
YORK f1r tae Ssls q certain hsocks Of land
II szh1ivlSla1 called ~Lsytouis in
Mo1ce1Coey coGGy. Maryland fox the
PC-TsaSe q satisfying an alleged certificate
a 3eposi; for 81 .aa8. t-s5aleatly issued by
the SAID The Safety Bankins and TruS1
Company On the 18th day q Auzust. A D.
1911. u the said George r Macy.
The 81 states in substance as follows.
te-Sii
That sometime in the latter part of
January c. the first pan of February, 4
D 1872 Ham Lsmson- one Of the defend
ants sod 70 the plaintiff q certificate Of
deposit fo- Sl.o00. purporung TO have been
deposited by George R. Macy IN The Safety
Banking and Trust Company on the 18th
day Of August A D. 1911. 70 the credit
o. himself, payable in current funds On re-
turn Of the certificate, properly endorsed,
on August. A D. 1912. with interest at four
per centum per annum- 4 copy Of said
certificate is filed with the bill and marked
Exhibit No. l.
That said certificate was endorsed BY
the said George r. Macy and delivered
over 10 some one unknown to the plaintiff
and it passed by delivery through the
hands Of sundry persons without endorse
ments until il was sold and delivered by
said LamsOn to plaintiff. who sent il
through several banks (who are made de-
PENDANTS in the bill) for collection and
said certificate was, on the 18th day of
August, A. D. 1912. duly presented to The
Safety Banking and Trust Company for
payment, and was dishonored and duly
protested for nOn-payment.
That, at the time plaintiff received said
certificate from defendant Lamson. it was
fraudulently represented to the plaintiff
that The Safety Banking and Trust Com
pany had capital Of $4,000 and surplus
OF $4,000, deposits of $4,000, and loans
of 100000, which statement was, in fact,
false, and plaintiff AYERS the facts to be
that the said Banking and Trust Company.
at least year prior to the Issuance Of
said certificate, had been sold out under
a writ Of Fl Fa to the Keystone Bank Of
Philadelphia for the sum of $50 these facts
we're well known to said Macy and to all
Of the Banking and Trust COmpany's off
Gals, who are also made defendants to this
bill
Plaintiff further AYERS that Macy never
deposited the sum Of 81 900 or any other
sum of money or ever put up any money
or property Of value with The Safety Bank
ing and Trust Company to support the
issuance of said certificate of deposit, and
that at the time Of its issuance The Safety
Banking and Trust Company had no CAPT
tai, no deposits, no loans. no surplus nor
resources whatsoever, all of which the said
Macy and the defendant bank officials,
including George H. Atkinson. the MANAGER
Of said bank. very well knew.
That notwithstanding their knowledge
Of said facts The Safety Banking and Trust
Company, through the defendant officials.
issued other certificates of deposits to said
Macy and to other parties to the amount
Of 5000 or 900, and unloaded them
upon unsuspecting victims in the various
States Of the West and the District of
Columbia, where there was no public record
to furnish the people with information as to
the true financial condition of said Banking
and Trust Company, and plaintiff AYERS
that none of said certificates has ever
been redeemed,
The Bill further states that Macy obtain
ed "a blocks Of lots of land lying in Layto-
MIA, and conveyed 20 of them to The
Safety Banking and Trust Company for the
purpose of defrauding the plaintiff and other
holders of certificates, and to conceal said
property from his creditors and the credi-
tors Of the said Banking and Trust Com
pany. Copies Of said deeds are filed with
the bill and marked Exhibits Nos. 2 and 3,
respectively.
That all Of the defendants named in
the bill are nOn-residents of the State OF
Maryland. except The Oak Bank of Balti-
more. Maryland, through which bank the
said certificate of deposit was sent foI
collection.
The Bill prays for the following relief:
/. That The Safety Banking and Trust
Company may be decreed to hold said rea
estate as trustee for the benefit Of the
. plaintiff, to whom said certificate wa.
! fraudulently issued, and for the benefit o.
1 other creditors of the said George r. Macy
and The Safety Banking and Trust Com
pany. to whom were also issued similal
| fraudulent certificates, who may come iI
| and contribute to the expenses of this suit
! 2. That the real estate mentioned in tht
deeds marked Exhibits Nos. and 3 may
I be sold for the payment Of the amount due
plaintiff for the alleged certificate Of de
post.
3. That trustee or trustees may be ap
pointed to make said sale.
4. That the said Macy and The Safetl
Banking and Trust Company may be en-
joined from selling. transferring or convey
ing said real estate mentioned in Exhibits
Nos. and of the Bill until the rights o
the plaintiff have been finally determined
s. And for general relief.
1t is thereupon this 23rd day of Novem
Der, A. d. 1912, ordered by the Circuit Cour
for MONTGOMERY County that the plaintiff
by causing a copy Of this order to be in
serted in some newspaper published in SAT-
Montgomery County, once in each Of fou
successive weeks before the 2Sth day o
December. A. d. 1912, give notice to tn
said The Safety Banking and Trust Com
pany Of Philadelphia. Pennsylvania, AM
TO George X. Macy and George II. Atkin
son, residing in the State Of New YOrk
and to Henry F. Atkinson. Edward j. Don
nelly. Henry l.. Rock. Harry j. Colver. j.
Harriss, residing in the city of Philadelphia
Pennsylvania, and to Harry Lamson. Charlie
Slater and John G. Slater. residing in tn,
District of Columbia. all of whom are non
residents of the State of Maryland. of tn
object and substance Of this bill warnin
them to be and appear in this Court. il
person or by solicitor. on or before the 1871
day of January. A. d. 1918, TO show cause
IL any they have, why decree ought no
TO be passed as prayed.
JOHN L. BRUNETT. Clerk
Circuit Court for Montgomery county,
True copy-Test:
JOHN L BRUNETT.