Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-04-29
STATE OF MAINE

| KENNEREC. IS: SUPREME JUDO
| IAL COURT IN EQUITY.
| HOWARD A. GILMARTlN ys; POI
ASH & CHEMICAL PRODUCTS COM
| PANY.
| TO the Honorable Justices Of the SUI
F, preme Judicial Court:
! Howard A. Gilmartin Of Brooklyn. IN
| the State of New York, complains
| against the Potash & Caemisai rroaGc.s
! under tile laws OF Maine and having ITS
| principal place of business at Augusta.
| in the County Of Kennebec and State OF
i. The plaintiff is a stakeholder of
| ga id Potash & Chemical Products Com
| pany.
2. The defendant is corporation
duly created and existing under the laws
of the State OF Maine and having an es-
tablished place Of business at Augusta
In said county OF Kennebec.
3. The plaintiff Ia Informed and be-
lieves and therefore alleges that the de,
PENDANT has ceased to do business and
that through fraud, neglect. or gross
mismanagement Of its affairs, and by
reason OF threatened attachments and OF
litigation and other causes, It's estate
and effects are In danger OF being vast
ed and lost.
wherefore the plaintiff prays:
l. That this Court will issue a tenn
porary Injunction, restraining said cor
peration, it's officers and agents from re-
selling or transferring any assets or
the corporation or exercising any of its
privileges or franchises until further or
der of Court.
?. That the Court will appoint Re-
ceiver Of the corporation. to demand,
collect and receive all property and as
sets of said corporation and to sell.
transfer, or otherwise convert the same
into cash. and to conduct and carry on
the business OF said corporation as or
dered by the Court, If it appears for the
best interest Of all concerned pending a
final decree of the Court
?. That the Court WILL in its discre-
ton, either order the receiver to wind up
the affairs of the corporation and dis
tribute it's assets, as provided in sec
ton 70. chapter ~, of the Revised Stat
upon make a final decree dissolving
said corporation; or else order the re-
ceiver to sell the property and fran
chises of the corporation and permit
the purchaser of the same to reorganize
the corporation under the direction OF
tho Court.
4. And Tor such other and further re-
lief as the nature Of the case may re-
quire.
And may it please this Honorable
Court to grant to the plaintiff it's writ
of Injunction directed against the de-
PENDANT corporation, Potash & Chemical
Products Company, restraining 1t. its
officers and agents, from receiving any
transferring any assets of said corpora
ton. or exercising any of it's privileges
or franchises until further order Of
Court. and also to order that such no
tice OF this bill be given to said defend
ant corporation as to this Honorable
Court seem proper, fixing the time and
place for hearing upon the same.
Dated April Is. 1920.
HOWARD A. GILMARTIN.
STATE OF NEW YORK.
County of Kings
Then personally appeared Howard A.
Gilmartin and made oath that he has
read the above bill and knows the con-
tents thereof and that the same is true
of his own knowledge, except the mat
ters stated to be on information and
belief, and that. as to those matters, he
believes them to be true.
Before me.
(SeaD LESTER f. CORWITH,
Notary Public.
Notary Public. Nassau County
Certificate filed in Kings County.
Or the FOREGOING bill Of complaint, ii is