Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-25

| United States Circuit Court. Maine Dis
| trlct. At Law. No. 100. LIS
| oHited states of America for the use md
| dement, or the Brooks Hardware Com.
| pahy vs. j. B. Greer ct al. ''"-
| ORDER OF COURT.
| WHEREAS, Under the provisions NJ
STATES ueser an rs Of the Laws of the United
| r,au, ,aalPproVed on the oath day of Feb
| nuaTy, 1905, u. S. Statutes ar T'srpa W,
90, rage 81, the United States of Ameri.
ca, as plaintiff. for the use and benefit nf
nora 1oooss Hardware Company, cor
| Pofdlloh existing by law and located or
| augusta, in the District of Maine and ~
citiZen or said State of Maine. fled in
| ms court on the 18th day of Noven,her
a. H. -. IyV'' writ against J. b. Greer and
Henry T. GaZZam, both of Pittshnrgh" ' IN
the District of Pennsylvania. and ciiizens
OF the State of Pennsylvania, and Carter
j.. Butts, of Columbus, in the District OF
Onl9' ana citizen of the State of Ohio
Said writ being in plea of debt. dated
November IS. A. d. 1909. and retirnsbl e
70 the Circuit Court for said District of
Malhe, 10 be held at Portland in said Dis
trlct OF Maine, on the third Tuesday of
April, A. ID. 1910 the ad damnum in said
WIFI being the sum of 100000:
ana WHEREAS it appears by the de-
ciaration in said writ that the said de-
PENDANTS, j. B. Greer, as principal, and
Saiu HehTy L. Canaan and Carter j.
l
october, in the year of our Lord one
thousand nine hundred and seven, to wit:
| at said Portland, by their writing obli-
gatory Of that date, Jointly and severally
acknowledged themselves to be indebted
to the United States of America, then
acting by and in the name of The Nat
lonal Home for Disabled Volunteer Sol
dlers,r in the penal sum of Fifteen Thou
SAND Dollars tI50O.0W, the condition of
SAID writing obligatory being that.
WHEREAS said Greer had entered into
a contract with the National Home for
Disabled Volunteer Soldiers then acting
Tor the said United States of America, for
furnishing materials and services, as
more particularly set out in IA contract
attached to said bond, and bearing date
the twentv-ffth day of September, i'm the
year OF our Lord one thousand nine hun
dred and seven, which contract provided
Tor the complete construction of the i'm
provement of sewerage and drainage sys-
tenn at the Eastern Branch of the Nat
lonal Home for Disabled Volunteer Sol
diers and the further condition of said
writing obligatory being that il said
Greer, his heirs executors or administra-
Tors. should and would in all respects
duly and fully observe and perform all
and singular the covenants, conditions
and agreements in and by the same con-
tract agreed and covenanted by them to
be observed and performed according to
the true intent and meaning of said con-
tract, during the original term thereof
and as we'll during any extension thereof
that might be granted on the part of the
National Home for Disabled Volunteer
Soldiers aforesaid: and that said Greer
should promptly make full payments to
all persons supplying him labor or ma
terials in the prosecution of the work pro-
vfded for in said contract, then that said
writing obligatory should be void and Of
no effect. otherwise to remain in full
force and virtue: said declaration further
alleging that during the continuance of
said contract, or during an extension
cold
Brooks Hardware Company had supplied
said Greer with materials In the prosecu-
ton of the work provided for in said con-
tract, of the value of Six Hundred forty
four and 33-100 Dollars C644.3), the pay
ment of which sum has not been prompt
ly made to said Brooks Hardware Com
pany, although said sum has long since
been due said Brooks Hardware Com
pany; by reason whereof and by force Of
the Statutes of the United States In such
case made and provided an action had
accrued to said Brooks Hardware Com
pany to recover of the said defendants
the sum of six hundred forty-four and
33-1O0 Dollars Cs644.33); and also alleging
that the District of Maine was the Dis
trict in which said contract was to be
performed and executed. and that said
action was commenced after the expira-
ton of more than six months and less
than one year after the complete per-
Torrance of said contract and the final
settlement thereof:
Il
defendants, J. B. Greer. Henry P. Gaz-
Fam and Carter J. Butts, are not inhab-
itants of. or found within said District OF
Maine. and have not voluntarily appeared
in said action; 1T is ORDERED:
Putnam J.-(Jan. s. 1910. That said J.
B. Greer, Henry p Gazzam and Carter J:
Butts be directed to appear before SAID
Circuit Court for the District OF Maine,
and declaration on or before Monday. the
second day of May, A. d. 1870 at two
o'clock in the afternoon, and that service
Of this order be made on said defendants
by the Marshal of the District where each
of said defendants reside, or by his de-
putty, by giving each of them in hand. or
leaving at their residences full printed
copy of said order, certified by the Clerk
and that proof Of such service shall DE
made to the Clerk of this Court where
said action is pending, on or before the
first Tuesday of April A. d. 1910
1t is further ORDERED that the CLERK
of this Court shall, on or before the loth
day of January, A. y. 1910. give personal
notice of the tendency of the above suit
to all known creditors of the said de-
PENDANTS. J. B. Greer, Henry Z; Ga "a am
tervene in the above entitled action In ac
cordance with the provisions or sam
Chapter 778 Of the Laws of the United
States. approved on the 2th gay sayt or at
Large, Volume 80, Page 81. informing
them of such right to intervene, by mall
ing to them, at their post office addresses,
a like certified copy of this Order. ina.
such creditors may file interventions II.
said action, if they shall see fit so 10 40.
and in addition thereto shall also glvee
notice of the tendency of this suit and @,
the right Of creditors to intervene ther thn
by the publication of this Order III , ,n
Daily Kennebec Journal for three sue
cessive weeks, the last Of such punI so
tons to be at least three months peioio
said second day of May, 1910
It is further Ordered that service, ~ az a.
cordance with this Order, Is, and VIII Dc;
held as compliance with Sect Sector.
of Chapter 1877 Of the Laws Of the unite co
States. approved on the third !. - Gay nete q.
March. 1875, entitled "An n,1 ACT e Conrts."
BY the Court. u,.
RI, ST JAMES e. HEWEY, CierK.
A true copy Of the original oroe'
Court. ~ 49,