Evening journal., 1921-08-30
PENINGTONPAYS
over S49,549
Ccontinued From First Page }

The directors OF the company re-
Gently appealed their case to the su-
preme Court
The petition filed by Mr.. Davis yes
terday asking leave to pay the s49.-
549.s6 and the chancellor's order
granting the petition follows:
To the Chancellor Of the State OF
Delaware
The petition of Robert Pennington.
one of the defendants in the above
entitled cause respectfully repre-
sents:-
1. That on February II. 1919,
by the decree OF this Honorable
Court. made and entered in a cause
wherein Charles V. Jones was plain
tifr and Lewes Fisheries Company.
William c. Lofiand, william II.
Bookhammer. James T. Lank, John
r. Baylis, William ]. Thompson,
William T.. Tunnel and Harlan. NJ.
Joseph were defendants, Josep-. l..
Cahan was appointed receiver of
Lewes Fisheries Company and there
after gave bond and qualified as
such.
2. That thereafter the said JOS
eph L. Cahall, receiver as aforesaid,
filed IN this court. the above entitled
suit in equity.
3. That on the 18th day OF May
A D., 1921, this Honorable Court
made and entered a decree in said
suite, wherein. inter ALA, it was de-
creed that said Robert Pennington
and william c. Lohand should pay
70 said Joseph l.. Cahall, receiver, as
aforesaid, within three months from
the date thereof, the sum of S26,5O0
with interest thereon from August
10. 1917.
4. That on the 14th day Of June.
A. ID. 1921, this Honorable Court
made and entered a further decree
In said suit, wherein inter ALA, il was
decreed that the said Robert Pen
ington should pay to the said Joseph
L. Cahall. receiver as aforesaid.
within three months from date
thereof, the sum of S27, 1886. with
interest thereon from November i,
1917.
8. That on August 3, 1921. your
petitioner, through his solicitor.
George N. Davis. sent to the said
Joseph l.. Cahall. receiver of Lewes
Fisheries Company. certified check
for the sum Of $49.549.S6. represent
ing one-half OF the amount with in
terest thereon from August 10, 1917,
to August 3, 1921. OF the sum decreed
against your petitioner and William
c. Lofand, in said decree. on May
l12. 1921, and the entire amount,
with interest thereon from November
l., 1917, to August 3, 1921, Of the sum
decreed against your petitioner in
said decree OF June IA, 1921.
G. That on August s, 1921, your
petitioner received from the said
Joseph L. Cahall, receiver as afore-
said. letter returning said certi-
fed check TO your petitioner, stating
that he did not understand the
Chancellor's opinion. or the decree,
permitted Mr.. Pennington to dis
charge his obligation or liability
under the decree by paying one-half
OF the sum decreed to be paid by
him and william c. Loland, and
further stating that he had been in
formed that an appeal might be ap-
piled for.
Z. That Immediately upon the
return of said check, your petitioner,
through his said solicitor, arranged
with Richard S. Rodney. solicitor
for william c. Lofland. 70 have the
I = TananI his
share OF the said sum decreed
against your petitioner and the said
William c. Lofland in the decree OF
May 70, 1921, and your petitioner Is
informed and believes. and therefore
evers. that a certified check for the
amount Of said share of William c
, I.ofland was sent TO the said Joseph
L. Cahau, receiver as aforesaid, or
August II, 1921.
r s. That thereupon your petition
er. through his said solicitor, re-
b turned his said certified check to the
}, said Joseph l.. Cahall, receiver a
J.. aforesaid, on August IL. 1921. advis
10 ing the said receiver OF the paymen
that day being made by the saiS
e William Q. Lotiand.
= Q. That on August 26. 1921. you
petitioner received a letter from tn
said Joseph l. Cahall. receiver a
aforesaid. again returning said cert
= fed check oyour petitioner. Stain
= that he could not accept said chec
81 except under instructions OF hi
counsel in the case, who was the
!. on his summer vacation and was nc
- expected back until the early pa
to Of September. 1921.
10. That the time within whic
IL payment OF the amount decree
er against your petitioner and VILLA
c. Lofiand in the decree OF May /
A. expired August ~. 1921. and n
,r. time within which payment OF Il
amount decreed against your pet
n, toner in the decree OF June IA, 1872
IL will expire September IA. 1921.
Wherefore. your petitioner pra
at that this Honorable Court make
ne order granting 10 your petition
l. leave TO pay into the Registry
this Court the amount represent
by said certified check 10 wit. q
sum Of forty-nine thousand five hu
dred and forty-nine dollars, eight
m six cents. in satisfaction OF the "a
~ decree OF May II and June "a. 19s
against your petitioner. and furth,
prays that this Honorable Cou
make an order in the above-entitl
Ia cause instructing and directing Z
.o register Of this court to satisfy q
" said DEGREES as to your petitioner.
And your petitioner will ever pra
A. etc.