Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-10-10

/ ing anu NuttI ltlt nAlA HNAiN' anu NtA'
resolution to be voted on shall be sub
stantially in the. following form. viz
| Then follows the form Of the notice.
ness 16. That the Special Master
! shall receive the votes by ballot each
I ballot 20 contain a copy OF the reso-
luton voted on, the number OF shares
voted and whether for or against the
/ said resolution, and shall be signed
| by the stocl1holder voting or his re-
preventative and said Special Master
/ shah report TO this Court the names
OF the said stockholders. the number
/ of shares held by each. the names OF
the stockholders who shall vote az
the said meeting, i'm person or by
| proxy. returning the said proxies and
! ballots to the Court, and the number
or shares voted for or against the
adoption OF the said resolution by
each stakeholder
THAT on the Sth day OF September.
1917. the Special Master mailed 20
each stakeholder in accordance with
the Decree OF the Court tho following
notice:
NOTICE =
ITO THE STOCKHOLDERS OF
THE q J. duPONT DE NEMOURS AND
COMPANY:
I'm the suit of Philip r. DUPONT
and others against Pierre S. DUPONT
and others, No. $40 IN Equity, I'm the
District Court OF the United States
for the District OF Delaware. the
Court has filed a decree, a copy OF
which Is enclosed. finding that the
purchase on their own behalf from Il.
/ Coleman DUPONT OF the 63.314 shares
OF common stock and the 1889
shares Of preferred stock OF the =. L.
DUPONT de Nemours Powder Company,
by Pierre S. dupont and his assocla-
ties, Irenee DUPONT. Lammot DUPONT,
A. Felix DUPONT, John j. Raskob.
Robert Rullth Morgan Carpenter,
Harry G. Haskell Harry L. Brown.
William Coyne. John =. I,affey and
DUPONT Securities Company. some OF
whom participated at the time OF The
purchase and others became after
wards interested I'm the purchase. was
in violation OF the duties which they
owed TO the Powder Company. and
in fraud OF the rights OF said cor
poration; that DUPONT Securities Com
pany, which was organized by Pierre
s. DUPONT and his associates for the
purpose of financing the purchase OF
said stock, acquired the same subject
to the rights OF the Powder Company
thereto; that the act OF Pierre S. du
Pont and his associates In acquiring
said stock on their own behalf has
never been ratified or condoned IN
such manner as to vitiate the rights
Of the 70. l. DUPONT de Nem0urs Powder
Co., and that at the time OF the puT-
chase OF the stock by Pierre 8. dupont
and his associates and at all times
subsequent thereto, the Powder Com
pany was authorized to purchase all
OF the said stock and had on hand
funds sufficient TO enable It legally Co
make such a purchase
THE Court also found that the
p stockholders OF %. l. DUPONT de Me-
0 mours and Company have the right ia
determine whether the said %. I. du-
d Pont de Nemours and Company shall
+ acquire ana receive the 63,314 shares
o OF the common stock OF 10. I. duPon
de Nemours Powder Company pur
4 chased by the defendants from r
\ Coleman dupont. carrying with thu
{ same the 1876, 62S shares OF the common
r stock OF T. J. DUPONT de Nemouri
! and Company received as a dividend
e thereon. together with all other cash
stock and bond dividends or the pro
b ceeds or value OF such other stock
b and bond dividends, with interest OF
J income thereon, paid to or realized
by the defendants on the 63,314 shares
or the common stock OF b. l. dupont
de Nemours Powder Company and
the 1864 2S shares of the common
stock OF u. I. DUPONT de Nemours and
! Company. less such sums OF money
with interest as were paid by the de-
/ PENDANTS for the purchase from IT,
Coleman dupont of the 63,314 shares
OF the common stock OF Il. !. dupont
de Nemours Powder Company and the
1889 shares OF preferred stock OF
said Company. after creditlng on the
amounts so paid by them such amounts
as may have been received by the de-
PENDANTS from a sale Of said preferred
stock purchased as aforesaid from T.
| c. DUPONT, of the proceeds there
OF. with interest, the exact figures. to-
gether with the proper calculations
Of interest thereon 20 be ascertained
by an accounting to be taken under the
direction of the Court and less any
sums for expenses connected with
said purchase which may be allowed
by The Court on such accounting.
sBy statements filed by the defen
/ dants in this cause, il appears thai
| there was purchased from T. Coleman
dupont 63.3l4 shares Of the common
stock and 1850 shares Of the preferred
stock of the +. I. dupont de. Nemour'
Powder Company, at the price OF Sl3,
! 003. 1850. That interest IN the amount
paid for said stocks. at per cent. from
the time said stocks were paid for 3,
May /. 1917. amounts TO the sum o.
Sl,sO5 1886. Total of principal and in.
terest, as of May 1917. Sl5,70s ,SS0.66
- 1T further appears that there has
q been received by the defendants sine,
s. .he purchase OF the stocks aforesaid as
r a dividend ON the common stock OF
ir ~ 1. dupont de Nemours Powder Com.
no Eshy purchased from II. Coleman du
III -, lSoo2s shares of the common
OF SSSeN OF T.. ]. DUPONT dc Nemours and
company, and certain preferred SOL
vi me AVias Powder Compenv
his Au, Vher appears, from said state
W nlen0s' that tho defendants nave -
ceiseo since the-purcl,ase Of the coro,,,,',
vs. Suu preferred stock from n Colo,ae,
$40 uufoht aforesaid, IN cash from div;sion
the upon the o',5l4 shares OF the CONNIE
la s.ovH anu l49g9 shares OF preferre
lis STOCK OF the Il. /. DUPONT de Nemo,',
led POWDER Company; from dividends NM
,ro- the lSo,o2e shares OF common stock
II. J. dupont de Nemours and -.
her pany; from the sale Of the prefer
u, stock of the Atlas Powder Comes, :.
the from sales of tho 1889 shares OF n,
re- feTTed stock Of the + J. dupont de \