Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-08
Asked by RobinsonAgainst
His Partner Cross
In Connection With Equity
Proceedings Instituted.
Gardiner Store Closed Pending Set.
tIement... Receivers Asked,

Arthur G. Robinson of Gardiner has
instituted equity proceedings against
George w. Cross Of the same city, ask
ing for the dissolution of the co-part-
nership under the firm name and style
of Cross & Robinson, formed, the
plaintiff alleges on Oct. %. 1896, by oral
agreement, for no definite time to car
ry on the business of a gun and lock-
smith store and general sporting bus
mess in Gardiner. A hearing upon a
temporary injunction in connection
with the equity proceedings will be
held before Associate Justice l.. c..
Cornish in Augusta at $50 A. M.
Thursday. The place of business of
the concern in Gardiner was closed
Monday and will remain closed pend
ing action upon the bill in equity.
The bill in equity, which has been
filed with Clerk of Courts c. w. Jones
by Mr.. Rohinson's attorney, Hon. G.
w. Heselton Of Gardiner, alleges that
under the terms of the agreement al
ready mentioned The plaintiff pur-
chased Of said defendant for $11OO one
undivided half part of a certain stock
of goods then in the store occupied by
the said defendant in Depot square,
Gardiner, and the good will OF the bus
mess then and there conducted by said
defendant.
The bill further alleges: That the
plaintiff and defendant have carried
on said business as co-partners up to
the present time and during the year
1909 added to said business of gun and
locksmiths and sporting goods the
management and control of. a garage
on Main street in said Gardiner.
Under the terms Of said partnership
agreement both partners were to de-
vote their time to the partnership bus
mess and We're to share equally in all
matters connected with said business,
as well as any enlargement of the
partnership by taking on other and
different features in business.
While the plaintiff has devoted his
undivided attention to the interest of
the partnership the defendant has ne
elected his duties as partner, and has
failed to give his entire time to said
business Or, 20 attend to the same dill
gently and faithfully, but has been
absent from the nusiness much of the
lllIN, c.ft ACNolCo SIIiC " Out-
side matters and sacrificed the part
nership interests to farming and to
the letting of and trading in automo-
biles, contrary to the terms of said
partnership agreement, in consequence
of which the said business is becom-
ing improbable and the. firm is fast
falling into an insolvent condition.
The plaintiff is informed and believes
that automobiles for private letting
have been purchased by the defend
ant and stored in the garage and that
he has used the employees of the part
nership and the firms materials and
supplies in the repairs and operation
of said machines and has made no ac-
count to the firm for said time and
materials so that the firm has thereby
sustained direct loss in supplies and
wages, and an indirect loss in letting
of it's own automobiles.
The division of the business between
the store and the garage of said part
ners requires the personal attention
Of one or the other of the partners at
each place during the day; that the
manual labor of the gun and lock-
smith and bicycle work has consumed
most of the plaintiffs time and re-
quired his personal presence in said
store and rendered it impossible to de-
vote much time to said garage, which
through the neglect of the defendant
to attend to tine partnership business,
has been left to the management Of
employees, who have grossly neglected
and mismanaged said business.
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partnership he was guaranteed by
said defendant that the stock was
free from any Indebtedness, but he is
Informed and believes that the part
nership funds were used in payment Of
bills contracted before said mariner
ship and outstanding against said
stock.
Since the commencement of said
partnership the said defendant has had
the care and management of the books
of said partnership and the banking
of the firms moneys and the payment
of the firms bills, and the same has
been conducted in SO careless a man
ner that the plaintiff is unable to say
how much is due to the firm, or how
much is owed by the firm or whether
toe firm is solvent OF lnSolVent.
The plaintiff prays:
l. That the court will decree dis
solution of said co-Dartnership and the
final settlement of its affairs.
2. That an account may be taken
under the order and direction Of the
court of the existing assets and liza
bilities of the firm and all the part
nership transactions, and the amounts
drawn by each partner from the funds
of the firm, and that the balance
found due from the defendant may be
ordered to be paid by him to the
plaintiff
3. That receiver may be appoint
ed to collect and take possession of all
the partnership assets; convert the
same into money by sale; apply the
proceeds to the partnership debts and
dispose of the balance, if any. in ac-
cordance with the rights Of the par
ties.
+. That a temporary Injunction may
be granted, pending the settlement OF
the partnership affairs. restraining the
defendant from further using the CO.
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