Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-05-14


kind. 1t will contain about twelve thousand
spindles and two hundred and twenty five looms,
and will make fine goods for bleaching, ofthe best
quality. The success of the former operations o
the proprietors, and the thorough manner in
which this concern has been got up,renders this no
doubtful experiment, but certainty, both in the
income to be realized from it, and the benefits
which such an establishment necessarily confers
on the vicinity in which it is located es
! n -t ---------- so
THE LEE AND TwicHELL REFERENCE CASE.
To enable the community better to Judge of the
merits of this case recently decided BY arbitra.
tDrs, copy the following statement Of facts in
reference thereto from The Barre Gazette IA
I'm the early part of the year 1856, Francis
fwichel Jr., Of Petersham, under certain ar
engagements with Col. Lee and others, Of Tenn
pleton, purchased and took possession of the no.
tel property in the centre OF that town, with the
purpose land under promises OF assistance in the
way of loans Of money and contributons) of open.
ing TO the public first class hotel In October
Of the same year, Messrs. Lee, Bowker, 0sgood
and Smith, took mortgage upon the hotel prem
ises for the sum OF twenty-five hundred dollars
for cash advanced and TO be advanced, in pursu.
ance of previous arrangements. In the Spring
following, 18th OF March, 1851, j the said Lee,
Bowker, and Osgood, three OF the above named
parties, took a further mortgage upon the hotel
property and other real estate of Francis in Pc
tersham, for the sum of fourteen hundred dollars,
as security for the said Francis's Indebtedness to
one NJ. Howe in Sll50 aud 10 Messrs. Lee and
Wood fol anOte OF $3.50 90. The said Francis
was also otherwise indebted to the said Lee and
others on their joint and separate demands, as
claimed by them In something like one thousand
dollars, making the aggregate of claims by these
individuals against Francis about $4,000, in set
,H hoA st.,.t m.
Of about $500 90, making the balance of his in
debtedness to them, claimed by him, to be
about $4,000, or less. Soon alter this second
mortgage was given, doubts arose as TO Its vaidi-
~, on account of the provisions of the Home
stead Act, Mrs. Iwichell not having become
party to the deed involving a similar question of
validity also, in regard to the first mortgage.
Under this state OF things, Messrs. Lee and 9th.
els declined paying the Howe claim Of ST. loo,
and, procuring new mortgage to be drawn Tor
the entire smOunt, presented it to Mr.. Twlchel
Tor the signatures OF himself and wife with the
alternative Of an immediate suit and attachment
of his property, should he refuse. Mr. Twich-
ell, somewhat disturbed by these peremptory de-
mands and threats. asked time for consideration
and counsel The result was, that on the 18th
of March. suit was brought against Francis by
Henry Smith. VINO had taken All assignment of
portion OF the claims Of Lee Bowker, and Os-
good, and Franeis's property was attached and
the hotel closed. At this stage of the proceed
ings, Genery Twichell was reqnestedb by Col. Lee
aud others to visit TempetUn, and mediate an
amieable settlement Of all matters between the
parties. And on the 18th of March, Mr.. Genery
fwichel visited Ten pleton for that purpose, ann
proposed that his brother should secure to Lee
aud Others the payment Of $1,000 in one year
from date, with interest, give up all demands
against them, and relinquish all further claims
upon them for agreed contributions on account
of the hotel This was declined by Messrs. Lee
and others. The same result attended all at
tempts to settle, till Mr. Genery Twchell pro.
| posed to pay the creditors Of his brother Fran
els sc 2.3 cents on the dollar payable the 6rst OF
July then next ensuing, provided the creditors
| fhis brother would agree to discharge him from
| their claims, which were to be presented TO and
approved BY his brother before said first Of July.
| The action which had been commenced was to be
discontinued, and if there should be any failure
in the carrying out Of this agreement on the LIST
Of July, the said FIancls was to go into insolven.
| cy with avlew of securing an equal distribution
| of his estate among mis- creditors. Messrs. Lee
and others assented to this agreement, and were
10 procure the assent of the other creditors Of
| Francis. The LIST Of July arrived when it ap.
peared that the conditions upon which Mr.
| 1wiehel was 10 pay had not been complied
with, and it was further ascertained that Messrs.
Lee and others had caused their action in the
name Of Henry Smith to be entered in court and
| prosecuted to judgment without the knowledge Oh
Genery rwichell OF OF his brother Francis. Judg
ment was rendered on the Goth OF June, exec1-
| ton taken out on the 23d OF june and the prop.
erty levied upon and seized by the officers on the
18th Of the same month four days before the LIST Of
| July, and at The time of the levy the officer was
directed to withhold notice from the judgment
debtor till after the LIST Of July The parties again
| met. when Mr. Twichell renewed his proposition
of the 28th Of March, to pay sc % cents on the
/ claims Of his brother trancisS creditors. But
this and all other propositions were declined by
/ Lee and others, which did not give TO them
L 1tonta Ian nd a IN nth l.ad
obtained their judgment, made their levy and
i felt secure. Unable TO effect any compromise
which would be equally just 10 all Of his credit,
| ors, Francis Twiehelb on The l7th day Of July,
wsntinto Insolvency, and on the 2SIh. Geneiy
| Twichell was chosen assignee. On the Goth, the
assignee, 10 his bill Of complaint to the Supreme
Judicial Court sitting in equity within aud for
the county Of Norfolk, setting forth the fraudu-
lent and covert manner in which judgment and
execution had been obtained in said suit OF n en-.
~ Smith against the said insolyent, prayed that
the said officer, lie, Smith, and others, should
be restrained from selling the property seized on
| said execution, and that the said parties should
be restrained from all further proceedings agains,
the properly Of said insolvent under and BY yir.
tue Of said execution, which prayer was granted
by the precept OF said court Issued and served
upon the parties. Subsequently,, and BY a fur.
ther order Of the court, the property was deliver
ed over 70 the assignee by the officer, and by the
former disposed OF q public sale Thus the mat
terreeted till the 18th day u August last, when
the parties entered Into an agreement 70 refer to
the determination Of Hon. Henry Chaplin and
hon. George II. Hoar Of Worcester, and George
1 g. Hale, ESQ.,, OF Boston, the question as to how
much the said 'rwiehtll should pay the said Lee
and others, for their respective claims sgaine
the estate d Francis Twichell, the said Genery
taking all such securities as they might hold fo
the payment Of the same.
II The afoitfatufs having heard the parties Hon
\ ~, ~; Dewfyo OF worcester acting as counsel FOL
Mr. Twiehei, and Hon Charles Allen and Gen
Desens - counsel for Messfs. Lee ara otherO
on the Sd Of April awarded as folows:
That the said Genery Twicheli shall nav "a IN,