Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-05-13
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STATE OF MAINE

JAIL COURT IN EQUITY.
HOWARD A. GILMARTIN VS.. POT
ASH & CHEMICAL PRODUCTS COM
PANY.
To the Honorable Justices of the Su.
preme Judicial Court:
Howard A. Gilmartin of Brooklyn, in
the State of New York, complains
against the Potash & Chemical Products
under the laws of Maine and having its
principal place of business at Augusta
in the County of kennebec and state OF
Maine, and says:
said Potash & Chemical Products Com
pany.
g. The defendant is a 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 is 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, its 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
poration, its officers and agents from re-
ceiving any moneys, paying any debts
the corporation or exercising any of its
privileges or franchises until further or
der of Court.
2. That the Court will appoint Re-
ceiyer 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.
3. That the Court will, in its diScre-
ton, either order the receiver to wind UP
the affairs of the corporation and dis
tribute its assets, as provided in Sec
ton 70, chapter AZ, of the Revised Stat
utes of the State of Maine, and there
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
the Court.
4. And for 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 its writ
of injunction directed against the de-
PENDANT corporation. Potash & Chemical
Products Company, restraining it, its
officers and agents, from receiving any
moneys. paying any debts, selling or
ton. or exercising any of its privileges
or franchises until further order OF
Court, and also to order that such no
tice Of this bill be given to said defend
Court seem proper. fixing the time and
place for hearing upon the same.
Dated April Is, 1870.
HOWARD A. GILMARTIN.
County of Kings.
Then personally appeared Howard A
Gilmartin and made oath that he has
read the above bill and knows the con-
of his own knowledge, except the mat
tiers stated to be on information and
belief, and that, as to those matters, he
believes them to be true.
tseap Lester F: coRw1rH,
Notary Public.
Notary Public, Nassau County
Certificate filed in Kings County
O. ok shs foregoing bill of complaint it is
That notice Of the tendency thereof
| and the plaintiffs application for a tenn
porary Injunction be given to the said
defendant, the Potash & Chemical
clerk in hand an attested copy of said
bill and Of this order thereon ten DAYS
at least before the fifteenth day of May
1870. and also by publishing once a week
Journal an abstract of said bill and OF
this order of court thereon and certified
by the Clerk of Courts in and for the
County of kennebec, the last publica-
ton to be prior to said fifteenth day OF
May: that said defendant and other
parties interested therein may then an.
pear at the Court House in Augusta in
our said County of Kennebec at ten
o'clock in the forenoon on said dav then
and there to answer to said bill and
abide the judgment of said Court
thereon.
Dated April %, 1920.
A. NJ. SPEAR.
Justice Supreme Judicial Court.
(Seal) Z.
A true COPY.
Attest: c. w. JONES, Clerk.
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