The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-05-29

Charles W. Clement ct ais.
II, In the above entitled suit. the complainant,
Inc First National Bank of Portland, In
the County OF Cumberland and State of Maine,
brings Its bill In equity against Charles W. Glenn
ent OF Boston in the County of Suffolk and Common
wealth of Massachusetts, individually, and as he
Is trustee as hereinafter set forth. Fayette Shaw
and Lavantia Shaw, his wife, both Of Newton, in
Brackley Shaw, individually and as Executor Of
Louisa M: Shaw, OF Montreal, in the Dominion OF
S SSSna,da' Dayid Cummings. Porter E. Cummings,
ners, doing business under The name of David
Cummings Co.. and having their usual place OF
business at said Boston, Thaxter Shaw Of Med
ford, in the State of Wisconsin, Lloyd b. Clark of
Springfield. In said Commonwealth, Duncan Nc
lntyre OF said Montreal, Ebenezer G.. and Edwin
wallace, co.partners, as K. G. & E. Wallace, hav-
ing tnelr principal place OF business at Rochester
In the State Of New Hampshire, claiming in sub
stance, briefly, as follows, VIZ
That said Clement is trustee and the other re-
spondents herenbeforenamed are eestltis que
trust or assignees thereof. under certain nstru-
m nn.t or declaration OF trust, daIed February
10th, 1885; that said Clement with the know
ledge and consent and at the request of the other
respondents has carried on an extensive tanning
business with said trust property; that in the
course Of said business and for the purposes
thereof, large loans have been made upon notes
OF said Clement. Trustee, or Of other parties en-
dorsed Dy MIN that the plaintiff Is the holder and
owner OF four such notes of the total principal
amount OF 15,17S66; that said Clemens negects
ana refuses s to pay the that plant has the
Clement applied In payment OF its said notes |;
wherefore plaintiff prays
~ Full answers on oath of all respondents;
~ W termination of trust and settlement
Trustees account; and that Trustee be enjOined
from disposal OF trust property;
70 application OF trust property to plaintiffs
claim and claims OF all other creditors In like in
terest VINO become parties to suit;
~ Removal trustee and appointment Receiver.
ana appearing that said respondents,
fayette Shaw and Layantia Shaw, reside without
tne state, TO wit, at Newton In the County Of
MludleSsex and State of Massachusetts; and said
GeSpondenf, Duncan Mcintyre, resides without the
State, TO wit, at Montreal, in the Dominion of
canada; and that said plaintiff was unable to OBJ
tam personal service upon the said ShawS and said
Mcintyre in accordance with the terms of a pre-
vlous order issued by the Clerk of said Supreme
Judicial Court on the thirtieth day of March, A.
ID. 1891;
Now, therefore, on application OF the complain
ant, IL IS ordered, that Fayette Shaw and La.
yantia Shaw appear before our Supreme Judicial
Court to be held at Portland within and for said
County OF Cumberland, within one month from
the hrst Tuesday of June, A. ID. 1891 and said
duncan Mcintyre appear before our said Court
TO be held as aforesaid, within two months from
said hrst Tuesday OF June, A. ID. 1891, said day
being the Rule Day next succeeding the date Of
lnls order, and then and there to answer TO said
Court thereon.
1t is further ordered that complainant cause
q copy OF this order by publishing the same three
times in different weeks, within thirty days from
the date thereof, In the Portland Daily Press, a
newspaper published at Portland in said County
Of Cumberland and State of Maine.
Witness, Thomas III. Haskell, Justice of our
said Court at Portland, the twentieth day of May,
In the year OF our Lord one thousand eight hun
dred and ninety one.
BIC. STONE, Clerk.
A true copy Of original order; Attest:
my2z1aw3wF b. @. STONE, Clerk.