Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-07

made individually Responsible, equaiiE
and ratably and not one for the other.
for all contracts. debts and engagements
of said corporation, to sum equal to the
amount of par value of shares owned by
each in addition to the amount invested
in said shares.
4. That on the 18th day of August 1890
the defendant company gave the PLAIN
tiff corporation a promissory note for
(s65OW six thousand five hundred dollars
money loaned with interest at eight per
cent and executed and delivered trust
deed of certain lots in Denver. coo.
therein warranting and representing that
the said trust deed was "a first lien upon
said lots said defendants then well know
ing that said premises were subject to
5. That on the first day Of October A.
D. 1890. the defendant company gave the
plaintiff corporation promlssory note
for the sum of ($600O) six thousand dol
lars money loaned on four years with
interest at eight per cent and executed
and delivered a trust deed of certain
lots in the city of Denver, Colo. war
ranting and representing that said deed
was first lien upon said real estate. the
defendant corporation then well know
ing that said premises We're subject TO
prior encumbranceS. .
6. That said lots referred to in fourth
and fifth items were at date OF trust
deeds subject to prior trust deed to Sc,
cure the sum of $4,000 seven thousand
five hundred dollars; that on the second
day OF June A. d. 1894, the plaintiff cor
poration We're compelled to pay and did
pay the sum VI tSoluVi tlSIlt
seven hundred dollars to discharge prior
liens on said lots and that no part of
said $500 eight thousand seven nun
bred dollars has been repaid and that 1t
holds no security therefor.
T. On the 22d day of August A. D., 1889.
the defendant corporation gave the pam
tiff corporation its .promissory note Tor
the sum of ($lS0O eighteen hundred dol
lars money loaned on four years and eX-
ecuted and delivered to said plaintiff cor
poration Il trust deed of certain real es-
tate in the city of Denver, Colo., TO Sc
cure said note.
s. That ali the premises described in
the trust deeds in items 4th. 9Th and 9Th:
have been sold and net proceeds thereof
credited on said Indebtedness.
9. That at the March term of the SUI
preme judicial court 1896. Kennebec
| county. Maine. said plaintiff corporation
recovered judgment against said defe ,
ant corporation for the sum of ISL, S63. 10
eleven thousand eight hundred sixty,
three dollars and fifteen cents debt and
t$l2.02) twelve dollars and two cents cost
of suit for which amount execution was
issued by said court on the 10th day of
April \. D.. 1896.
10. That on the I'D day of Apri. A. D.,
1896. the said execution was delivered to
c. l.. Bucknam. a deputy sheriff in and
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
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-
if. made diligent search therefor but
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
IN n1. kind t.
ever that in law or equity can become at
or applied in satisfaction of said judg
ment. in whole or in part.
IL. That said amount llS'3.lO eleven
thousand. eight hundred seveEty-five
dollars and seventeen cents with interest
from March 9th A. D. 1896 is now due
poratiOn; that ($9649.75) 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
ninety-six dollars and ninetyone cents
by virtue of the notes in items 4th and
teen dollars and forty-nine cents by vir-
tue of note set out in item 18th hereof.
II. The capital stock of said defendant
corporation is $4,000 twenty-five thou
sand dollars divided into $50 shares of
| ($100) one hundred. dollars each all of
! which has been legally issued.
13. That the defendants named in the
| above order of notice hold shares as fol-
lows: Phoebe G. Bucknam one share %,
Caroline r. Smith five shares 90 and the
plaintiff AYERS that on the 18th day of
80 of said shares, which she then in fraud
of the rights of the plaintiff transferred
to said II. r. Angus in whose name said
shares have since been held.
IA. 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
16 The complainant prays that the de-
PENDANTS may make full answer but not
under. oath.
H. Complainant prays for writ of sub
poena and for relief as follows:
l. 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
determining the names of the share
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.
3. 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.
D. 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
section six of the aforesaid charter
thereof.
g. That by appropriate process each of
said defendants may severally he re-
CURED to pay. as by this court may be
ordered. the several sums SO as aforesaid
found to be due to the creditors of the
said Southern Loan and Trust Company
so to be determined as aforesaid.
Z. That for the purposes aforesaid all
necessary and proper accounts may be
taken, inquiries made, and decision CIV
en-.
s. That the plaintiff may have it's rea-
sonable costs.
3. 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.sSnoW & Cook.
A true copy of order with abstract Of