Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1845-02-13
STATE OF VERMONT,
Rutland COUNTY, 80.
REUBEN Il. THRALL,
WILLIAM HART a. ALL


w HEREAS, Reuben r. Thnll Of Rul
w lnnd. ~ ,bc County of Rutland siote.
said, has Llrd his biil 10 chantetv sca,nst
RicbAm 7. llsd. Of tho county OF kohsalser
and state oiNew Yofk, stating that on the eau
dav o' Ju,y, \ u 1925, one Thomas Hook
~ and John W Hooker we've indebted H.
R,rh.tl T. Hart, Theodore r. French snd
" .lan HAT. then all of the city Of Troy
AFORESAID. lnihe sum Of twenty-five hundred
eiah,,l"ut dollars and siAty eight cents and
~ order to secure the payment III SAID SUN
the orator signed four mites with the sad
! Thomas and Jnhh " Hooker o The SAID
Richard p. and Han. and Theodore +.
French Tor the amount of said indebtedness,
and further that the said Thomas and W
Hooker were indebted Ia the said William
Hart aud Thci,drts 7. French 10 The sum of
FIVE hundred dollars. and that The orator al
81 signed a note with the said Thomas aud
John W To- the ssid French and Han for
said sum. That the Orator caused two suits
To be commenced one Ia favor OF The said
Richard i. and William Hart aud surviving
parties The said Theodore +. FrenCh having
deceased and one IN favor of the said VII
liam Hart against the said Thomas and John
w Hooker and the orators on SAID notes and
caused the property OF the said Thomas and
John WlIooker 10 he attached on said wflis
o.. the ~ Feb. 1899, which suits were duly
entered IN court, AT the April Term OF The
County Court IN RutlandCounty, A. ID. 1892,
at which term Judgments were entered upon
said notes, In favor OF said Richard Z. and
| William Hart for the sum Of $lGl5 Is dam
ages and al 35 costs and IN the suit in IA
vor Of William lIarI for the sum OF SGI5 Us
da images and $40 Al COSTS OF said suit, and
that executions were taken on exact of said
judgments and placed in the hands Of Abel
Page Then legal constable of Rutland, with
directions 10 lay said execution upon the
property Of said Thomas and John W Hook
Ell and tina, said Page posted and sold the
property so attached, to satisfy the execution
in favor OF William Hart against the said
Hookers bu, neglected to pay the same eli
Their 10 the orators or TO the said William
llot,, and further stating that the orator, on
The Gath Feb. 1874, paid TO Richard p. Hart
$l65 and on the 18Th of Feb. 1894, the sum
Of $50 on said executions that the said
Hart commenced suit against said Page
for the balance Of the money IN his hands
and recoveled the sum OF Siog G. damages
and his costs that the said Page has never
paid the sameA
And further Stating that the orator at the
solicitations Of tho said Richard 7. Hart ex-
ecuted mortgage of three dwelling houses
in the village OF Rutland. to the said Rich
ard T. conditioned fer the payment of said
Two exec utons an that the said Richard
T. brought an action Of ejectment 10 recuv-
or the possession Of said moigaged preml-
ses and rccoTered a judgment at &le Sept
term, 1884 and the orator moved the court
for time 10 redeem which was granted, and
therefor the court ascertained the sum
due on said mortgage to be the sum o S2OSl,
90, and ordered the same to DC paid on or be
fore the II Monday H. September 1885, and
and further stating that the orators paid The
said Richard =. ilart The sum Of $500, on
the 9Th OF Nov, 1888. and tho orator executed
his note 10 the said Richard p. Hat, al the
same time for the sum Of S;3j Sc, payable
Is, jan. 1899 ioi the balance Of said Judy
mtut - claimed by the said Harr, and fur
iher stating that slnCe the payment of said
money and the giving OF sand note, the ora
tor has learned that THE said Thomas and
John w. Hooker had paid to the said R:ch.
ard p, or William llar, on tie eth Of Apul
1880, the proceeds oi2i barrels of pot ashes
which they had previously sent to Hart, Per
~ & Boardman, Of Troy, n Y, on com
mission, and that the said Richard p. or
William Hart constituted part of the firm
Of Hart Perry 4 Boardman, and tina. the
said Thomas and ]. w. Hooker paid tie
said RichaId p. or William Hart the fur.
Their sum OF $l65,96 on the 10Th of Augns,
1880, and the further sum of S2Ol, 90 2sth
Sept 1881 for the poiasheS sent by the
said Hooker To the said llau, Perry &
Boardman, for sale (which seems had never
been endorsed on, SAID notes, or in any way
accounted for by said Richard T. or VII.
liam Hart4and the orators prayed that the
SAID Richard p and William Hart NAV
answer whether they or either Of them did
not receive SAID sum Of money, and if so
whether they were not paid TO apply on
SAID notes and whether they ever applied or
IN any way accounted for and ior other re-
lief &c.
And The slli William Hart residing out
oithe State md not having been notified OF
the pcndancy Of this bill il is ordered by
the court that he be notified thereof by
publishing the substance ofsaid bill in The
Rutland Herald printed III Rutland, with
this order three weeks successfully, the
last OF which to be six weeks previous to
the ncXtterm OF the court ofchnncery to be
holden at Rutland aforesaid and the ID
Tuesday Of April next; and day thereof
was given &c. A true copy ofrecord
F. w HOPKINS, Clerk
RIrBEs r. TnRALL, per Sc s.
STATE of NEpMnk'r U,L :, ~