Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-14

for said county of Cumberland, for col
lection. and on the same day the said
deputy sheriff made return thereon that
on that day by virtue thereof he demand
ed of Thomas l.. Talbot, then the treas
urer of the said Southern Loan and
Trust Company to disclose and show to
him attachable property OF said COM
pany to satisfy said execution and that
said treasurer failed SO to do and then
denied having any knowledge of any such
property and that he, said deputy sher-
could find neither goods, chattels or es-
tate of said company and that he there
fore returned said execution in no part
satisfied And your complainant AYERS
in fact that the said Southern Loan and
Trust Company then had and now has
no property or assets of any kind what
ever that in law or equity can become at
or applied in satisfaction of said judg
ment. in whole or in part.
II. That said amount ts1l,S75.1O eleven
thousand. eight hundred seventy-five
from March 9th A. D.. 1896. is now due
the plaintiffs from said defendant cor
poration; that CS9649.i5 nine thousand six
hundred forty-nine dollars and seventy
five cents has accrued by reason of breach
of warranties in item sixth hereof set out
and ($1296.9D one thousand two hundred
by virtue of the notes in items 4th and
5th hereof. and C$9l6.49) nine hundred six
teen dollars and forty-nine cents by vir-
tue of note set out in item eth hereof.
corporation is (S25,000) twenty-five thou
sand dollars divided into $50 shares of
t$10W one hundred dollars each all of
which has been legally issued.
49, That the defendants named in the
above order of notice hold shares as fol-
lows: Phoebe G. Buchanan one share %,
plaintiff AYERS that on the 18th day Of
July A. D.. 1894 Caroline l.. Smith held
80 of said shares, which she then in FRAUD
of the, rights of the plaintiff transferred
10 in yxrhn no Vy1n co
shares have since been held.
A. That the following shareholders
have paid to your complainant their
proportionate parts of the aforesaid in
debtedness. the estate of Barnabas Free
man. Clarence Hale. Fred n. Dow,
Weston Lewis, E.. Dudley Freeman, the
estate OF AmaSa LOring.
Is. That your complainant has no rem
edy at law.
16. The complainant prays that the de-
PENDANTS may make full answer but not
II. Complainant prays for writ of sub
poena and for relief as follows:
1. That the whole amount of the out
standing stock of the Southern Loan and
Trust Company may be ascertained and
determined.
2 That decree may be made fixing and
holders of the said Southern Loan and
Trust Company. the residences of each,
and the amount of stock by each held,
as necessary to the full determination of
this cause.
g. That the whole amount of the out
standing Indebtedness of the Southern
Loan and Trust Company may be as
certained and determined, with the name
and residence of each creditor thereof
and the nature and amount of the several
debts. And that said creditors may be
by appropriate process cited in and made
parties to this cause.
4. That inquiry may be made and de
olson had as to the amount of property,
of any kind. held by the Southern Loan
and Trust Company. and if any be
found that appropriate process be issued
SO that the same may be applied pro rata
to the creditors thereof.
5. That the amount may be fixed and
determined adjudged to be due from each
of said defendants severally upon the re-
spective debts of the Southern Loan and
Trust Company, under the provisions of
thereof.
6. That by appropriate process each of
said defendants may severa1ly be re-
CURED to pay. as by this court may be
found to be due to the creditors of the
said Southern Loan and Trust Company
so to be determined as aforesaid.
I. That for the purposes aforesaid all
necessary and proper accounts may be
taken, inquiries made, and decision CIV
s. That the plaintiff may have its rea-
Sonable costs.
o. That the plaintiff may have such
further or other relief as the nature of
the case may require.
Dated at Gardiner this eighth day of
May. A. D.. 1896.
Maine Trust and Banking Company
by Weston Lewis. President.
Solicitors for plaintiff Heath & An
drews. Symonds. Snow & Cook.
bill. ~ ''
Attest: W. S. CHOATE, Clerk.