The Republican journal., 1900-05-03
Supreme Judicial Court.
JUDGE SAVAGE PRESIDING

eight days.
Case No l, Belfast Savings Bank vs. W.
X. Lancey. which has been pending on the
docket more than twenty-one years, or since
the January term, 1879. is finally settled
The action was originally to recover two
promissory notes given by W. h Lancey of
Pittstield to the plaintiff corporation for ST.
600 each, dated Feb. Il, 1873, with interest at
$ per cent. The writ was signed by j. G.
Dickerson. Judge. and W. G. Frye, Clerk
and was issued from the Office of W. H.
Fogler Esq, Twenty ty-three pieces of real es-
state in Pittsield were attached upon the
writ. More than four months after the at
tachment OF real estate the defendant filed
his petition in bankruptcy, was duly ad-
Judged bankrupt and subsequently receiv-
ed his discharge. An assignee was appoint
ed. mo. III pursuance of a license granted
by the | ). District Court. sold the real es-
tate attached upon the writ in this action,
subj to such attachment. The action was
continued from term to term until the jan
uary term, 1899. in Waldo county, when the
plaintiff filed a motion setting out the facts
and asking that it might have special
Judgment for the amount found due upon
the notes in suit and execution against the
property attached upon the writ. But prior
to this the defendant had died. letters of ad-
minstration had been duly granted upon
his estate, and his estate had been duly ad-
Judged and decreed insolvent, and commits
siOners in insolvency appointed. At the
April term, 1899 it was tried before the jury
to determine what was a fair market value
OF the real estate, and the jury answered
S1,loo. The case then went to the Law
Notwithstanding the fact that the real estate
attached upon the writ had passed to the
defendants assignee in bankruptcy, and
had been sold by him, subject to the attach
ment, the plaintiffs attachment had been
dissolved according to the provisions of r.
S. C. 81, sec. IS, by the decree of insolvency on
the estate of the defendant before levy or
sale on execution. and that consequently the
plaintiff is not entitled to a special judg-
ment against the property attached upon the
writ The case was remanded to the court
at nisi prius for disposal in accordance with
the opinion. The matter has been settled in
accordance with the opinion and at the
April term Just closed it was entered neither
party Mr.. Fogler was attorney for the
plaintiff up to the time of his appointment
as Judge, when he was succeeded by Dun
ton x Dunton. Williamson for defendant
A motion for new trial was filed in the
case of George Perce vs. the Morse-Oliver
Building GO.
Silas Storer VS.. Annie L. Nickery; appeal
from the decree Of the Judge of Probate to
be heard on or before July Ii, by agree
ment.
Exceptions were filed and allowed in case
of Adelia NJ. Moore VS.. Elijah Phillips.
Ellery Bowden, vs. Michael Coyne; action
on mortgage; adjudged by the Court to be
due on the mortgage, S27S.
f. f. Hanson. j. W. Wallace and F. A.
Greer. in equity against the Cream Put-
fishing Go. This was a bill in equity dated
May I, 1898, setting forth that the defendant
corporation, publishers of the Cream mag
azne of Belfast had a subscription list of
about 10000, that from its assets and the
profits of the business enough could be re-
allied by continuing the business to pay at
least all the Indebtedness and par value to
the stock khoders; that much of the assets of
the company We're of such a character that
it could not raise money on them and that
creditors We're threatening to sue and attach
the property that such attachments would
render the property worthless and cause
great loss to the creditors and subscribers
The complainantS therefore prayed that the
court appoint a receiver to take possession
carry on the business, and apply all money!
after paying the running expenses, to the
reduction of the debt of the corporation
Frank |. Wilson was appointed receiver
with authority as prayed for. The receiver
filed his report at the January term, 1900
showing the assets of the company, May l.
1898, to be 40,5!g II liabilities S10,625 3d.
He had sold by authority of the court GER
tain portions of the stock in trade, also the
plant, subscription list and all other assets
except the liabilities of certain subscribers
to shares of the stock, for nOn-payment of
the same, amounting to &26, 200. His exhib-
it's of the business showed cash received
81, ,727. -: paid out, 81 $50 40; balance, $31.3O
Mar. 81, 1900, the receiver filed an applica-
ton for leave to begin action against the
delinquent subscribers to stock, as follows:
E. f. Hanson, $50 shares; Charles Baker,
share; f. &. White, > shares; c. n. Black,
1 shares ; +. A. Greer, . shares Elmer Small,
3 shares Joseph Myshall of Woodsfords, .
shares. Judge Fogler granted the leave as
prayed for. Apr. 26 1900, the receiver en-
tered petition stating that the corporation
has nothing but the above claims with which
to pay the Indebtedness of the corporation,
amounting to Sl0,625.s5 that the claims
against said stockholders are disputed and
doubtful and that it is for the interest of
the creditors and of all concerned to COM
promise the same, on the payment of $50.
for each share; and praying for authority to
so compromise said claims. Notice on the
petition was ordered in The Republican
journal. Dunton for complainant; Brown
for respondent.
DIVORCES.
The following additional divorces were
decreed
Amanda +. Sparrow, Stockton Springs,
from William a. Sparrow, do; custody of
minor child to the mother.
Sarah A. Wren, Thorndke, from George