Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-05-08
New Advertisements
STATE OF vRRMa.-

Asa q, FosTxR, In Cham.
JANIS II FosrR8, March Tssp
JOHN w ARsLR, lsse va
ROBERT y BOWEN,
Asa h, FOSTER,
WHEREAS, Alonso Hamilton w.
Francis y Maynard, VIM, ri pi., VII
James = Ger on, OF eoston in ths "tSv.ulsfd'ot
chusetts, 90 partners by the name a, tsle Of n
son a Co have iile their bin in Ch.asnlIOl
Asa q Fos'er ann James II, Foster NSVVssty u
in the St te aflndlana, John w. ,lreee
IL Bowen of parts unknown, Asa y Snd Ri
weston in the county OF Windsns ba
Dswlsy of Rutland, in the county NJ I'm, ana hs
TING FoRrH, that from the LIST univ ~ "ttsAnd
1867, the said Asa O. and james II wv, WV NA
psrters as merchants and ding bp.rtst NJ
Green tastlt, ana had an account ana ~
the Orators by purehs ing goods I them V ,ea
their store, Wv" 20 y,
That prior t. the S'h July. 1917 and
the said VISA q and james A mn, ,RS
goods, they represented TO the nrp,,sS'Sa
tended that they had smple means sna - at
hcient ability to paN Tor sny mercS,n.fa
might purchase on cv'Hit, at natarirs
they we're doing a profitable and thryiy, sI
that up to the 18th Dec 1861, the Ofstoss, V Is
such representations, while darins ali Oss
the said Asa q & James H. knew thu, aa
embarrassed in circumstances, wholly N.OIaY
were indebted In large sums to difsreni
which sums were then becoming dine En
That at Boston aforesaid, between M. ON
and the I'd September 1857, the Orators s,,y
said Asa q. h James II divers bills az s,va
merchant Use amounting to 81, 200 81. Dnon ~
of, and relving upon, their repre-. eptatinss
that on the 18th November 1857 the said A.,
james IL executed to the Orators for .,S
one month and the other for S5sI AZ NV
months, at the Exchange Bank, InGisns M
current exchange on New York or Bos,ou
That at the time OF these purchases a,A
said n otes, the said Asa q, & james Il kr.s
they were wholly unable TO pay their opr,,
debts, or pay for said goods and that tbsy !
time, premeditsted their failure and suspsr...
payment. and with sucs knowledge thew n u
10 deceive, made said false and trsuda,D, !,
sen ations, and fraudulently purchased ,aS N
while the Orators were without such knox.A
and without sus picion of such failure. AudhsI
said Asa q 4 James ii, knew that they CONF
have purchased said goods, without frsuIp,
concealing and misrepresenting the true M
their affairs ans the same was concealed viii
d sign of imposing upon the orator. when h F
they were insolyent and bankrupt,
That on the 18Th Dec ls57, the said Asa n
james H., not being able to pay the Orator
other creditors, md for the purpose Of putin,
property out of the reach of the Orators and
creditors, and in such shape that they coax
rive the benefit o It and its avail', az well a. n
feating the orators and other creditors Of
debts did m AXE pretended assignment Of al !
property, both real and personal, to one Lad
Dawley now of said Rutland, for the uses and \
therein mentioned. Providing that the said
son Dawley shall take POI session of the said h
| erty. sell the same and convert 1t into money l
with the proceeds there of, first to pay the exp,
| and charges of executing said assignment, and
, the residue of said proceeds, to pay, First ID.
bilities Of the said Asa G.. 4 james H., enums
in a schedule N arked b. attacked thereto, Clssi
| /, and If los sufficient, rateably and in prop0t
| .x,stb n. ,l,,a IN rnay oil Dan
| merated in said schedule, Glass No. 2, Ia
claims referred to and preferred In said assltr
Glass No. l, are pretenced and fictitious; :
said pretended claims are particularly dessna
said bill ofoomplaint
| And the orators chew, from information y
| favor OFF ohm w. Arb and Robert Il bosi
reside without this State, in parts unknoH
| thoss in 'avor of Asa b. Foster and LawsOt
ley, are not bona fds due, and were not a. III
but are ia Sc and fictitious, preferred TOT U
pose OF de auding the Orators and Other cr4
and enabling the said Asa g. James H. n'
| benefit of the property so assigned.
/ That the said Lawson Dawley accepted iA.F
ded trust create by the said assignment snti
| upon received of the said Asa u. ana Jaas
large amount OF good. and p rsonal propa1
| took DO: session of their real estate, to an i
| which the orators are un able to state, toge,hs
| the goods sold to them by the orators as SIN
all which the said Dawley sold, the svsis oiI
| he converted into monev, to large amount
1 mot known TO the orators, That soon ,s
said Da~le accepted said trnst he returned
State from indiana, where the said pf-Y.sj
situated, and did not close up said trust 4
eaid property here
| That az the time the said goods were purcbs
the orators the said Dawley knew that the u
6, and Jam s IL. were wholly insolvent, %
goods were obtained by fraudulent represent
and that the said Dawley acqui ed no title
| olnds by id assfgpnnapf did the salQ
aud james ii by said pretended purcns'e o
said goods were obtai7e through fraudulent
sentations, and that the ora'ors are entitled
goods or Their syails, whether In the haaa
said Dawley, Asa q. and Jamos h or DIV
Asa b Foster
That tn. said Lawson Dawley, neglectia
trust has suffered the title of said real .
remain In the said Fosters, without secarl
same for the benefit of the creditors or thee
whereby the value OF tho same Is ost toh
tors and the orators; and that large sas
the debts and ehasss in action are lost and oi
ne TO them and that none OF The syais OF sir
err. have betn applied to the payment q d
fds DEM o. the sid Fosters and he said
insist tn at the said Dawley shall ac3ouat
same
That the. said DawIeT has never made 10
dends OF the aid rust effects, and has for
time, had large sums OF monev In his hsldi
that said trust funds could have been gieis
creased, If the property bad been prudsntly
care OF and administered That In conseqHss
said negligent management, a less sum, VA
amount has been raised and converted into o.
and that some of said trust funds have bent
to purposes not contemplated in said sssignnl
And praying that the said Lawson DiF'
compelled to deliver to the orators the goods ia
ing unsold, which came into his possession
said assignment, and that he be decreed topr
orators the avails of the goods SO sold, thsish
er defendants be decreed to pay over The goa
any, that came into thei- possessio n, sad tas
said Dawley may account to the orators win y
10 the matters aforesaid and for su,h !ur'ha'
as the ease may require.
The usual process Of subpoena having psa \
ted, aud it appearing that Asa G Foster Jn'
Foster, John w Argh, and Robert BOWS
side without this State nd have not been ~ ~.
notified Of the pendency of this Bill; hrua "
that they be required to appear ON the n 81. ~
the next term Of said court, to be held 81 al
within and for the county OF Rutland, sol ~
the second Tuesday of September, A. U, I'M w
make answer to said bill OF complaint; sna w y
purpose the complainapts shalt caue ins s as i,
OF said bill with this order, to be paon,sa',a v
weeks excessively In the Rutland Hesa' Y.
at Rutland, the last of which to be 81 es' :"
| DAYS b. fore said term. a, hi
Dated at Rutland, in said county, TINS ~
May, A ID. 1852 n,vS Gss
| trout & DUNroN, Sol EDITORS ~