The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-06-05

The First National Bank of Portland,)
Charles w. Clement ct ais.
In the above entitled suit the complainant,
The First National Bank OF Portland, in
the County OF Cumberland and State Of Maine,
brings It's Dill In equity against Charles w. Glenn
ent Of Boston, In the County OF Suffolk and Common
wealth Of Massachusetts, individuality and as he
is trustee as hereinafter set forth, Fayette Shaw
and Lavantia Shaw, his wife, both OF Newton In
The County OF Middlessex, In said Commonwealth
Louisa NJ. Shaw, OF Montreal. In the DOmi Mon OF
Canada, David Cummings, Porter L. Cummings
Charles 4. Ferguson, Arthur II. Loring, co-part.
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 Me-
Intyre Of said Montreal, Ebenezer G.. and Edwin
Wallace, co.partners, as f. G. q E. Wallace, hay-
ing their 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 hereinbeforenamed are cesttts que
trust, or assignees thereof, under certain instru-
ment or declaration Of trust, daJed 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-
o0rsed ~ MN lnat me piain, , Is tae hoder ana
amount OF S15, 17S.66; that said Clementnegleets
and refuses TO pay the same; that plaintn has the
right to have the trust property held by said
Clement applied In payment OF It's said notes;
wherefore plaintiff prays
ny Full answers on oath Of all respondents;
(2) termination of trust and settlement
Trustees account; and that Trustee be ent0ined
from disposal OF trust property;
(3) Application OF trust property TO plaintiffs
claim and claims OF all other creditors 10 like in
terest who become parties to suit;
~ Removal trustee and appointment Receiver
And IL appearing that said respondents,
Fayette Shaw and Lavantia Shaw, reside without
the State, to wit, at Newton in the County OF
Middlessex and State Of Massachusetts,; and said
respondent, Duncan Mcintyre, resides without the
State, TO wit, at Montreal, in the Dominion Of
canada; and that said plaintiff was unable TO OBJ
tain personal service upon the said Shaws and said
Mcintyre in accordance with the terms OF a pre-
yiouS order issued by the Clerk Of said Supreme
Judicial Court on the thirtieth day Of March, A.
ID. 1891;
Now, therefore, on application of Me COMPLAIN
ant, It 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 first Tuesday of June, A. D. 1891; and said
Duncan Mcintyre appear before our said Court
to be held as aforesaid, within two months from
sad nrst Tuesday OF June, A. ID. 1891, said day
Delng the Rule Day next succeeding the date Of
this order, and then and there TO answer 10 said
Court thereon.
i is further ordered that complainant cause
sald Shaws ana SAID Mcintyre TO be served with
a copy OF this order by publlshlng the same three
times In different weeks, within thirty days from
the date thereof, In the Portland Daily Press, a
newspaper published at Portland, i'm said County
Of Cumberland and State OF Maine.
Witness, Thomas II. Haskell Justice of our
said Court at Portland, the twentieth day of Nav
In the year OF our Lord one thousand eight hun
bred and ninety. one.
BIC. STONE, Clerk.
my2zlaw3wF b. q. STONE, Clerk.