Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-05-15
Lsgal NetIees.
81 ,ArE OF vBRM0NT.

Az n rn.rrr
wnrR.As,. Aionro Hsmilton, WIN. ". ,WnSsn,
Franei, = hsyn.Id wm u Risa.sase.3 -
ohusets, co partners BY the mama q HauiltnD. VI.
son Co have filed their bill In Chaneefy aGsimt
Asa q. Foster and james u. Foster, Of Green Castle
~ Bowen Of parts unknown, Asa b. Rgsesr Of
westoa In the county Of Window una-1mWven
o. s. ns sIsni 2,
1867, the said Asa q and James II. FOSTER we're 90.
parters - merchants and DING busiuesa O ssM
sss apa a them n g .,ss
That prior to the sth July, 1867, and sinss VIXEN
goods, they represented to the Orators and Drs-
tended that they had ample means, and were Of at
hcient ability to pay Tor any merchandise tney
they we're doing profitable and thriving busiusss
that up to the 18th Dec 1857, the orators believed
such representations, while dering all that dns
| embarrassed In oircums ances wholly insolvent and
| were indebted In large sums to different persons,
which sums were then becoming due.
That at Boston aforesaid, between the 9Th July
and the I'd September 1857, the Orators sod to the
said Asa G. & James II, divers BIZ of goods and
merchandise amounting to "a, 800 o. upon the faith
of, and relying upon, their representations; ana
that on the 25th November 1867 the said Asa @. 3
james IL executed to the Orators for said goeds
two promissory notes, one Tor s5sS 90, p. aS's IN
one month and the other for 1851 co. In Tia %
months, at the Exchange Bank, Indiana, with To
| current exchange on New York or Boston.
That At the tune OF these purchases a and si,iSn!
| they were wholly unable to pay their outstanding
debts or pay for said goods aud that they, ut the
pay pawn nt and with suoS Enowedge they in order
| TO deceive, made said false and fraudulent repre-
sen ations, aud fraudulenty purchased said goods,
and without sus pcion OF such taiure And that the
| said Asa G james IL. knewtna they could mot
have purchased said goods, without frauduentZ
| couoeaing aud incorporating the true state OF
their affairs, and the same was concealed with the
| d sign of imposing upon the orators, when In fact
| they were insolvent and bankrupt,
| That on the 18Th Dec is57, the aid Asa u, b
James a., not being able to psy the orators and
other creditors, and fo the purpose of putting their
property ot of the reach of the Orators and other
rive the benefit 1t and its avals, az veil as fords.
feating the orators aud other creditors Of their
debts, did make pretended assignment of all thak
property, both real and personal, to one Lawson
Da wiley of said Rutland, for the uses and trusts
| therein mentioned. Providing that the said Law
son Dawey shall take pc. session OF the said prop
erty sell the same and convert 1t into money an4
with the proceeds there Of first to pay tae expenses
and charges of executing said assignment, and witt
the residue Of 'aid proceeds to pay, Frst, the is,
bilities of the said Asa g. Jane, H., enumerated
in schedule marked b, attacked thereto, Class No.
l. and II l. sufficient, rateaby and In proportion
and second with the Re idne to pay az dsPs: ~
claims referred to and preferred in said Assignment
Glass No, /, are pretenced and Hctitioss; which
said pretended claims are particularly described =
And the orators ehew, from information and BE-
lief that the debts enumerated In Y ass No. !, n
reside without this State, in parts unknown. ao1
| those In ,avor of AsaB Foster and Lawson DaW.
ley, not bona fde due. and we're not a. the time,
pose OF de raudipg the Orators AID other creditors.
| and enabling the said Asa q James u. TO get the
benefit of the properly so assigned.
That the said Lawson iawley accepted the preten-
ded trust by the said assignment, and there
upon received OF the said Asa H. and james a. .
large amount OF good and rsonsl property, and
took OF their real estate, to an amount
which the orators able to state, together With
the goods sod to them by the orators aforesaid,
all which the raid Dawley sold the svails OF whoa
he converted into monee, to . large amount. which
Ia not kno own TO the orators. That soon after the
said Dawle accepted said trust he returned to this
State from Indiana, where ths said property VS.
situated, and did not close up eaid trust, but soA
eaid property here
That at the time the said goods were purcba sed Of
the orators the said Dawley knew that the said Asa
g, and Jam Il. wholly iDsolvent that said
goods obtained by fraudulent represent atoms,
and that the said Dawley scqui ed no title to said
aud James II by said pretended purcbase, bee asse
said goods were obiained through fraudulent repro.
sent.tions and that the orators are entitled to SAID
said Dawley, Asa g. and Jamos II. .sor of the said
Asa B~t oster
That TIN said Lawson lawley, neglecing sid
trust hiss suffered the title Of said real estate ia
remain in the said Fosters, without securing the
for the benefit of the creditors the orators,
whereby the value OF tho same is ost to the credt
tors and the or stors and that large amount o.
tie debts and ehass In acton are lost and OF no val
ne to them and that none OF the syas Of said prop
erty have been applied TO the payment o. the bosa
fde debts OF the aid Fosters and the said orator
insist that the said Dawley fhall account for tn
same
That the said Dawley has never made any divi
dends OF the aid rust effects, and has, for lont
time, had large sums of money in his had am
that said tru4txfu nds could have been greatly in
had oar IantiN tukn
care OF and administered That in consequence o
said negligent man ag+menf, u less cum, ~ larg
amount has been laisei and convert q into money
and that some of raid trust funds have been iet
to purposes not contemplated in raid assignment
And praying that the said lawson Dawley b.
compelled to deliver to the orators the goods remain
ing unsold, which came into his possession, unde
orators the avas of the goods so sold, that the oh
er defendants be decreed to pay over the goods,
any, that into thci' possession, aud that tbs
said Dawley may account to the orators it'll respect
as the ease may require
The usual process of subpoena having been grs.
ted, and it appearing that Asa G. Foster, James d
Foster, John w Argh, aud Robert II. Bowen. n
side without this State nd have not been person eli
notified Of the pendencY OF this Bill; Is Ord erod
that they be required to appear on the ftst day 9
the next term OF said court to be held at Rutland
within and for the county OF Rutland, aforemid, o.
the second Tuesday of September, A. d. 1852, an,
make answer to said bill OF complaint; and for th
purpose the compliments shall caute the snbstanc
OF said bill with this order, to be published thre
weeks excessively in the Rutland Herald, prints
at Ku tand the last Of which TO be at least tuent
DAYS b. tore said term E. ~
Dated at Rutland, in said county, this 4th day
} May, A. D. 1862.
PRoUr DUNToS, Solicitors. 1913
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