Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-11-04
STATE or MAINE
SIS. SUPREME JUDI
GAL COIIRT IN EOIfITY

L d.
Peter Kauneckis and Thomas Tyski
| VS.. Sterling Shoe Company. Inc.
| To the Supreme Judicial Court:
Peter ka9neskis Of keyistson n,d n the he
| Maine and Thomas Tyski of Winthrop
| in the County of Kennebec and State
aforesaid, complain against the Sterl-
| ing Shoe Company, Inc. corporation
| of the State of Maine aforesaid and
| located at Winthrop in the County of
Kcnnebec and State Of. Maine. and
i. That Peter Kauneckis is stock
holder and creditor of the Sterling
| Shoe Company, Inc. and that Thomas
| Tyski is a -stockholder, creditor and
Treasurer of the Sterling Shoe Com
2. The defendant is a corporation
duly created and existing under the
| laws of the State of Maine and having
| an established place of business at
| 5. The plaintiff is Informed and be-
lteves and therefore alleges that the
defendant corporation Is in imminent
| danger of insolvency and that by rea.
son of threatened attachments and Of
| litigation and other causes. it's estate
and effects are in danger of being
Wherefore the. plaintiff prays:
Junction. both Temporary and perma-
| nent, restraining said corporation. it's
officers and agents from receiving any
| moneys. paying any debts. selling or
transferring any assets Of the corpo.
! ration or exercising any Of its privi-
leges or franchises until further order
| 2. That the Court will appoint re-
| and permanent. of the corporation to
| demand, collect and receive all proper
| ty and assets of said corporation and
| to sell, transfH. or otherwise convert
ti1n infr An ash md and
| carry on the business of said corpo-
ration as ordered by the Court. if it
| appears for the best interest of all
CONCERNED pending final decree OF
s.. That the Court will, in it's dis
| crction. either order the receiver or
! receivers to wind up the affairs of
| the corporation and distribute it's as
! dissolving said corporation; or else
| order the receiver or receivers to sell
| the property and franchises of the
! corporation and permit the purchaser
| ration under the direction of the
| Court.
4. And for such other and further
relief as the nature of the case may
! require.
| And may it please this Honorable
Court to grant to the plaintiff his Writ
| Of Injunction directed against the de-
| PENDANT corporation, Sterling Shoe Com
pany. Inc, restraining it. its officers
moneys. paying any debts, selling or
transferring any assets of said corpo-
| ration, or exercising any of its privi-
| leses or franchises until further order
| of the Court, and to appoint receiv-
i or or receivers. both temporary and
| permanent. and also to order that
! such notice of this bill be given to
| said defendant corporation as to this
| Honorable Court seem proper, fixing
| Dlpcp
| the same.
Dated October 30. 1922.
PETER KAUNECKIS.
| THOMAS TYSkI.
| Burlcigh Martin and Samuel Titcomb,
| Plaintiffs Solicitors.
STATE OF MAINE
| Androscoggin, SIS.
| October so. 1922
Then personally appeared Peter
| Kauneckis and made cath 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.
IN. s. JOHN F. sLATTERY.
Notary Public.
| STATE OF MAINE
! Kennebec, SIS.
|
| Then personally. appeared Thomas
| Tyski and made oath that he has read
| the above bill and knows the contents
| thereof and that the same is true OF
belief. and that as to those matters
he believes them to be true.
SAMUEL TITCoMB.
Justice of the Peace.
State of Maine
Kcnnebec. IS. Supreme Judicial Court
Peter Kauneckis and Thomas Tyski
vs.. Sterling Shoe Company. Inc.
ORDER OF NOTICE
:. On the foregoing bill Of complaint
epcy thereof be given to the said de-
PENDANT, Sterling Shoe Company,
Inc. by giving in hand to Burlcigh
| Martin. its Clerk. an attcstcd copy of
teen days at least before Tuesday the
| fifth day of December A. u. 1922, that
| said corporation may then and there
appear at the Court House in said
nebec at ten o'clock in the forenoon.
| then and there to answer to said bill
| and abide the Judgment of the Court
| thereon.
a temporary injunction and for tenn
prayed for in their bill. it is ordered
| that a hearing be had before this
| Court on the seventh day of Novcm-
| Der. 1922 at 10 o'clock in the forenoon,
at the Court House in said Augusta
that notice thereof be given to the
| said defendant by giving in hand to
| Burloigh Martin, Clerk of said Sterl-
! ing Shoe Company, an attested copy
| of said bill and of this order thereon
! three days at least before said hear
! ing. and by publishing an attestcd
/ copy of this bill and order of Court
| thereof in the Kennebcc Journal on
| Saturday, November 4, 1922, that the
! said corporation and all other persons
/ interested may then and there show
cause, if any there be, why said tenn
| porary injunction should not be
| granted. and said temporary receiver
| or receivers should not be appointed.
| And it is further ordered that in
| the meantime, until said seventh day
] of November, 1922, appointed for said
| hearing and until further order of
this Court, the said defendant, it's Off
GERS and agents, be restrained from re-
ceiving any moneys. paying any debts
selling or transferring any. assets of
| said corporation, or exercising any of
its privileges or franchises.
[ WARREN G. pHILBROOK.
| Justice Supreme Judicial Court.
| Dated November 2, 1922.
! (SeaD
Attest: ~ G. w. JONES, Clerk.
| novid1t
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