Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1843-07-27
state Of Vermont.

~ t4aHffNs HpTh fFFHt y ~ lNfA 1
s'i'' W h'ds'' and others W h.RkAsi s..
stephen Cumming. & others Sses. ADDISON s,res.
ter. Abtaham Adams, Edward Msnuing. Sylvester
Siowtli, William Msrner, lonathan Ailcron. Ma.
thsnici Fullerton, and Sils. II Hodge. have here.
ioioTe filed their Bill IN Chanccty Ia this courtroom
p,sining. that Samuel Mhuweli. George Bond,
George W. Bond, Stephen {. Hieginsoo and sam
ocl J. Beslls had commenced an action In the Cir
cult Court Of the United States iof the Vermont,
District, agsinsith Orators add SieptcnC~ cummings,
then Of salem In The county 81 ashiogion and
STATE Of New York, and declaring sgains, the Ora
tors aud SAID Commiugs as partners formerly doing
business al Ludlow. Vermont, together with Henri
Hodges and Ezra Wovdworh then deceased. dur
ing their lifetime, under the firm OF ite Greeu Noun
tam Manufacturing Company, and t,at said Wood
worth deceased about Sept. 4, 1896, bequcathinc,
among other things, after the death of Susan Wood.
worth, his widow, one ti,ifd OF his personal and real
estate 10 susan Walker, me third to MARY Ann
Cummings wife Of said Stephen, two hliee nths 10
Samuel Mills Woodwonh, Two hiieenths to Goorg
Worcester WoodwoIih,s and one fifteenth 10 Jerusha
Eager Woodwork, all Of Salem aforesaid, (of which
last three, William X. Manning, then OF sand Lud.
low, became GUARDIAN and appointing said Susan
Woodwork and Stephen Cummings his Executors,
who as sach sold part OF his real estate 10 John A.
Batcheider, Of said Ludlow, for $3.50, and part to
Asshel Miller OF said Ludlow, for 1857 so. taking
their notes re spectivrly Tor said purchases; and that
Susan Wood worth deceased about May Is, leil,
and also that the estate OF said Ezra and tho said
Stephen Cummings were bound to contribute . pro.
portion Of whatever should be recovered Of The Ora.
tors and said Stephen in said suit, and praying that
said BaicbeldeI and Miller might be restrained from
paying and the said 5 ephen from collecting said
notes, and that a receiver might be appointed TO re.
ceive the avais Of said notes. 10 be kept until The
event Of said suit was aseertained. and ihs, the
same might be applied in payment Of such proper
ton as The said stephen and The estate of the said
Ezra ought 10 pay OF the sums recovered in the suit
aforesaid, Of the orators aud said Stephen, and Of
the expense of defending said suit;
And. Whereas, the said Silas W, Nathaniel, Jon
athan. Abraham, William Warner, and Silas II.
have filed in said Cour, their Supplemental Bill
complaining that since the bringing Of the former,
the Connecticut River Bank, George Putnam, Dan
lei Hastings and - Marsh, and Isaac ]. Jenny
have commenced suits against the orators in said
iormer bill and said StP e., MS partners in said
Green Mountain Manufacturing Company, an that
at The May term Of the Windsor County Court, A.
ID. lS43, said Connecticut River Bank recovered in
their suit aforesaid S7i3 25 damages and s22 GO
costs. the said Putnam $685. i6 damages, and S26,-
&c cost; the said Hastings and Marsh $l06 SO dam
ages, that the said Fullerton, Silas W. and Silas
ii. have paid each one fourth, said Aihetton one
| eighth, and said Adams g. Warner the remaining
eighth Of the said sums 50 recovered as aforesaid;
and also in like proportion have paid said Jenny,
June 90, 1912, 10 compromise his said suit, $3l As,
and also large sums Of money expended in defending
said actions as well as said suit OF Whiiwell d others;
that said SlIeeter, Stowell, Meaning &.Cummings are
insolvent, and neither they nor said Ezra estate have
paid any part OF saidIsums nor o!tbe Expense of said
suits, and that said Ezra, Silas w. in partnership
with said Henry, Fullerton, Cummings, Streeter,
Stowell and Silas H., each put into the stock 81
said Green Mountain Manufacturing Company one
thousand dollars, said Anterior five hundred and
said Adams 81 Warner five hundred, and that said
several partners were Interested in said Company
and ought to contribute towards the sums so paid by
the Orators as aforesaid, in proportion 10 the sum-
So put in, and that said Manning was never a part.
ner nor interested in said company. And iurthe
complaining that when said Ba,chelder purchased a,
aforesaid a portion OF said Ezras real estate OF sale
Stephen Cummings and Susan Woodwork he CAV,
notes for the same, and IN order to secure the pay
meni OF said notes, he mortgaged TO SAID Susan III,
said premises which lay in Ludlow Aforesaid. ant
were then bounded west and north by the highway
:. east by land OF Owen S~paulding and Asahel Miller
south 10y land Of Asa Fletcher; and that said Batch
elder hath never paid said notes, nor any part there
OF, though the principal of several and interest OF
all hath become due and also that the Flowe
Brook Manufacturing Company Of Pswiet. in SAT-
County Of Rutland, pretend To have bought a portion
of said notes Of said Cummings. And praying
among other things. that said Flower Brook Manu-
: featuring Company be enjoined from ~hinderIng thu
Orators IN collecting said notes, that said Batchel
der be required to pay the sums due and TO becom'
due on his said notes by a short day, or be foreclos
ed OF his equity ofredemptiun in said premises; AM
that the same be sold under the direction OF thu
court, and that The proceeds OF the same, and o
said notes, be applied IN payment oil the share q
said sums paid oy The Orators that belongs In the es
tate Of said Ezra to pay, and the interest Of SAL
Cummings in the residue to the payment Of his shar
OF the same, and for further relief.
z, And il having been made TO appear that The sat
Stephen Cummings. Mary Ann Cummings, Susa
Of Walker, William X. Manning, Samuel Mills Wood
lie worth. George Worcester Woodwork, and Jerush
eager Woodwork reside DOT OF this state, SO tina;
e subpoena cannot be served upon them; II is ordere
!, Thai they be cited to appear before this Court al IL
ie term next to be holden a, Rutland in and for sal
County OF Rutland on The second Tuesday Of Ser
TENDER, A.D ls43, and make answer 10 said origins
Bill and Supplemental Bill, by publishing the sui
- stance thereof and Ibis order in the Rutland Heral
" three weeks successfully, The last Of which sha
be al least twenty days previous to the said term {
~ this court. +. w. HOPKINS, Clerk.
Slss H.. Hodges, solicitor for Orators. 3o.32