Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1843-08-03
state Of Vermont.
49, fH....s.f. a.

Z
si.' ". Hodges aud o''r" w h ~. 4 s;s s..
s,.,.l.s cumm.rs. a oshsr.. se., AoGl,on stree
ter Ah+stsn Acssns, EdwHfu Msnnipg. Sylvester
sto~eli. wussm " warner, Jousihsn Aihenon, Ma
thsnsei FsI1~fioa, and siiss II. Hodges hars here
sescre hcd tbei' Ban IN Chsneefy 20 ihis rsur'eo7'
y,asities. ihsi SauUsi Whnwell. George bond.
George W Bond. Stephen c Hgsinson and sam
eel j. Bsslis had cnubmtncsd an sciion In tie 'u'
colt coau Of ,hs unnsd States foI the Vermont
Ds,fict ,gsinsi the orsiois and stephen Ccn'nnes,
sisa OF Salem IN the cocniy OF Washington ard
State % New Yost. snc declaring sgsinsi the Ora
tors and ssid Cemrnings az partners formerly doing
bosiLess 81 Ludlow. Vermont, together viii Henr,
Hedges ard Ezra Woodvorih then deceased dur.
iEs their lifetime, underline firm oi lie Green Noun
tain Manufacturing Company, snd Iiai said Wood
worth deceased sbovt sept. Z, 1876, teqUsahng
smong other things, after the death Of Susan Wood
worth. his widow, uaifd Of his personal sDd real
estate ~ Susan Walker, ono third 10 Mary Ann
Cummings wife Of said Stephen, i've fineenths 10
Samuel Mills Woodwofih, two lteonihs 10 George
Worcester Woodwork and one fifteenth TO Jcfusha
Gsger Woodwork, all Of Salem Aforesaid, o'which
last three, william X Msnning, then Of said Lid
low, t~csme Gosrdisn) and sppoihiing said Susan
Woodwork and Stephen Cummings he Executors,
who such sold part Of has real estate TO John A.
Bstrheidef Of said Ludlow, for $3.50, and pau 10
Assh~i Miller Of said Ludlow, for so57,5o. taking
their notes respectively Tor said purchases; and that
and also that The estate of said Ezra and the said
Stephen Cummings bound to contribute pro-
portion Of whs,ever should be recovered of the Ora
tors and said Stephen IN said suit and praying that
said Batohsldst aud Miller might be restrained from
paving and The said s Stephen from collecting said
notes and that receiver might be appointed 10 re-
eeisc the svals Of said notes 10 he kept until the
event OF said suit was ascerained and that the
same might be applied In payment OF such proper
ton as the said Stephen and the estate of the said
Ezra ought to pay OF The sums recovered in the suit
Aforesaid, OF the orators and said Stephen, and OF
the expense Of defending said suit:
And, Whereas, the said Silas w, Nathaniel, Jon
athsn. Abraham, William Warner, and Sias ii.
have filed in said Court their Supplemental Bill
complaining that since the bringing OF the former,
the Connecticut River Bank, George Putnam, Dan
iel Hastings and - Marsh, and Isaac j. Jenny
have commenced cults against tho orators IN said
former bill and said Stephen, ss partners IN SAID
Green Mountsin Manufacturing Company, an that
at the May term Of the Windsor County Court A.
ID. 1919. said Connecticut River Bank recovered in
their suit Aforesaid $7l3 IS damages and S22 60
costs; the said Pu,nsm 1896 46 damages, and SEQ
20 cost; the said Hastings and Marsh sI06 so dam
ages, that the said Fullerton, Silss w. and Sllss
H. have paid each one fourth, said Anterior one
eighth, and said Adams d Warner the remaining
eighth Of The said sums recovered as aforesaid
and also 10 like proportion have paid said Jenny,
June 20, l6f2, 70 compromise his said suit, S3l AS
and also large sums Of money expended in defending
said actions 40 well said suit OF hwell others
that said Sireetcr, Stowel Manning &'Cummngs are
insolvent and neither they nor ssd Ezfas estate have
paid any part Of saidhums ofthe expense OF said
suits, and that said Ezra, Silss w. in partnership
with said Henry, Fullerton, Cummings, Streeter,
Stowell and Sias H.. each put inio the stock Of
said Green Mountain Manufacturing Company one
thousand dollars said Anterior FIVE hundred and
said Adams d. Warner FIVE hundred, and that said
several partners were Interested in said Company
10 -.
the Orators as aforesaid, in proportion TO tho
pot in, and that said Manning was never part
interested In said company. And further
complaining that when said Bslchelder purchased
aforesaid portion Of said Ezra real estate OF said
Stephen Cummings and Susan Woodwork he gave
notes for the same, and in order TO the pay
ment Of said notes, he mor,eaged to said Susan the
SAID premises which Law in Ludlow aforesaid, and
were then bounded west and north by the highway,
cas-, by land OF Owen Spauldng and Asahel Miller,
south by land of Asa Fletcher; and that said Batch
elder hath never paid said notes, any part there
Of, though the principal Of several and interest on
all hath become due ind also that the Flower
Brook Manufacturing Company Of Pswet. in said
County OF Rutland, pretend To have bought portion
OF said notes Of said Cummings. And praying,
among other things. thai said Flower Brook Manu-
featuring Company he enjoined from hinderng the
Orators IN collecting said notes, that said Batchel-
der be required to pay the sums due and to become
due his said notes by a short day, or be forecos-
cd Of his equity ofredempton in said PREMISES and
that the same be sold under the direction OF this
couu. and that the proceeds Of the same, and OF
ssid notes, be applied in payment Of the share OF
said sums paid BY Tho Orators tina, belongs 10 the es-
tate OF said Ezra to pay, and tho interest OF said
Cummings in the residue 10 the payment Of his share
Of the same, and for further relief
And !, having been made to appear that the said
Stephen Cummings, Mary Ann Cummings, Susar
Walker, William N. Manning, Samuel Mills Wood
worth. George Worcester Woodwork, and Jerushs
eager Woodwork reside on, OF this state, SO tina;
suePena eaano, be served upon them; IL is ordered
lhatthey be cited to appear before this Court at III
term next To be holden a, Rutland in and for sait
County OF Rutland on the second Tuesday Of sep
TENDER, AID. isfs and make answer 10 said origins
Bal and Supplemental Bill, by publishing the sub
stance thereof and this order in The Rutland HeIs
three weeks successfully, the last Of which shal
I've a, least twenty days previous to the said term
this coun. +. w. HOPKINS, Clerk.
Silas ii. Hodges, solicitor far Orators "a
STATE OF VERMONT.
Rutland Countt as