Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-05-22

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JOINS W AasLK, mca
foBkRr h BowRs,
AsA \, fosrRa, ahE lLlLfU-
wHKREAs, Alonzo Hamilton, VIM, W, wrssn,
Francis n Maynard, VIM, II, Richardson, end
james Y, Gore on, OF Roston in the State OF Maase
chusetts 90 partners by the name OF Hamilton, W..
Asa a Foster and James II. Foster Of 1reen Castle
in the Site oflndiana, John w. Argyle and Robert
u, Bowen Of parts unknown, Asa d, Foster Of
wesoa in the county OF Windsor, and Lawson
Dswlsy Of Rutland, In the county OF Rutland, SEE
TING FoerH that IRON the lat July TO the 10Th Dec
1857, the said Asa and james II Foster were CO.
Green Csstk, and had an sccount and dealt nth
the orstorsb by chaing goods 81 them TO supply
That prior to the s,h July, 1857, and since when
the said Asa q and James h purchased such
goods, they represented to the Orators and prf
tended that they had ample means, and were oisst
ncient ability to pay for any merchandise they
might purchase on credit at maturity, and thss
they aSip and %, ,ol,
such representations, while during all that ums
the said Asa q q james II. knew that they wsfs
we1s indebted IN IsTSs sSms to SiGsrsnt pss.sos
which sums were then becoming due
| That at Bos on aforesaid, between the sth july
and the I'd September 1867, the Orators sold to the
| .aid Asa q. a james Ii. divers bills Of goods and
merchandise amounting TO s2,2 30 upon the mith
Of and relying Vim upon their ~. repre- sns''on: ana
james II executed to the orators for said gosds
tw promissory notes, one tor s6ss %, payable n
one month and the other for sSs7 %, IN three
| months, at the Exchange Bank, Indiana, with the
| current exchange on New York or Boston. f,ar
That At the time OF these purchased and giving
| said n otes, the said Ata q, Jamss II knew that
they we're wholly unable to pay their outstanding
debts or pay for said goods and that they, At the
time, premeditsted their failure and suspensioa OF
pay IN, MT. and with sucs knowledge they In order
10 deceive, made said false and fraudulent repre-
nations, and fraudulently purchased said goods
while the orators were without .uch knowledSe
said Asa G james II. knewtnat they could not
have purchased said goods, without fraudulenuy
conceang and mi representing the true state OF
their AFFAIR." and the same was concealed with the
d sign Of impos sing on the orator when In fact
they were in olvent and bankrupt, n
That on the 18th Dec 1857, the said Asa q. 4
, James H., not being able to pay the orators and
other creditors snd 70 the purpose ofputing their
property out of the reach of the orators and othr
creditors, and in such shape that they could de-
rive the benefit IL and it's ava az well as for %
feating the orators and other creditors Of their
debts, did make pretended assignment OF all theh
| property, both real and PERSONAL to one Lawson
Oawey now Of said Rutland, for the uses and tras@
Z therein mentioned Providing that the said Law
sr,r ss,I he same and convert it into money and
with the proc seds ther. Of first to pay the expenses
and charges of executing said assignment. and with
the residue of said proceeds, TO pay FIRST the ma
i. biliies OF the said Asa G. Jane, H., enumerated
in a sched ule II aked b. attacked thereto, Class No
y l. and II /, sufficient rateaoly ard In proportion
and second with the idue, to pay all debts emu
D. merated 10 said schedule, Glass No. 2, That the
claims referred TO and preferred 10 said assignment
Class No. /, are pretenoed and fictitious whieh
- said pretended claims are particularly described IN
aid bill ofcomplaint.
And the rators shew from information and be
=, lief that the d. BITS enumerated In ass No. /, in
a favor of Ohm w. Arb and Robert II Bowen, who
d reside without this State, in pafts unknown and
N thosp in avor of Asa b Foster and Lawson Daw
lev are not bona fd. due, and were not a. the line
j, but are ia and fictitious, preferred for the pun
il pose de rauding the Orators aud other creuitof
al and enabling the AID Asa 9 james II, TO ge'th'
benefit of the property 80 assigned.
|
ded trust createo by the said assignment and there
OF upon received of the said Asa g. and james n,
large an cunt OF good and p rsona property, anc
took possession of their real estate, to an amoun
which the orators ur able to state, together WIZ
the GODS sod to them by the orators rs aforesaid
he ali which the laid Dawley sold the avails of whol
60 he converted into none to large amount whNi
OF is not known to the orators, That soon aiter IN
said Dawle accepted said trust be returned TO TN
te- State from Indiana, where the said property wa
situated, and did not close up said trust, but SOL
/, said property here.
- the orat RS the said Dawley knew that the said a:
7 G, and Jam d. were wholly insolvent, that sal
goods were obtained by fraudulent representation
and that the SAID Dawley acqui ed no title TO sal
to goods by said assignment, nor did the laid Asa !
re aud James II. by said pretendtd purchase, be- au
ds said goods obta ed through fraudulent repr
ld septatione and tn at the ora are emitted TO 50
DIS goods or Their avails whether in the hands OF Il
md said Dawley, Asa G. and James H., or of fte 80
Asa b Foster
ash That tn said Lawson nawley, negleeting sl
call trust has suffered the title of said real estate
same FIR tie benefit of the creditors or th% ogAioi
whereng The value OF the same ID ost 70 u ere
40 tors and the orstorsi and that a large ainonnt
lie debts and chooses in action are lost and OF no
n, ne 10 them and that OF the svails OF SAID pre-
.arv erty have BEEN applied to the payment she %
able fde debts o. the sid Fosters and the salo @rs
pay insist that Tue saio ba"iey ''''' "'''
sarl | same - 4.
we lnhb tHe saAu IA na' ~, - =
per, denos o. we saia uos e - IN his IA III
''' that said trust funds could have been greatly
creased, if the property had been prudently TAI
IN n. care OF and administered That in consequences
- said negligent management, q less sum, y o la
amount has been ased and convert d into mon
and that some Of raid trust funds have been p
to purposes not contemplated in taid ASSIGNMENT
And prsyiuc that the said Laws DaSley
cempeed TO deliver to the orators the goods reIna
ing unsold, which came into his possession, un
., said as signment, and that he be decreea TO pay
orators the avas OF the goods so solo, .nal te
or defendants be decreed to pay over the gooa5
any that came into theic possession n, and that
said Dawley may account to the orators with resp
TO the matters aforesaid, and for such further re
the The usuaI process of subpoena having been 81
dinst ted and it appearing that Asa g. roster Jane
Foster John W Argh, aud Robert d BOWEL
notified of the pendency Of this Bill It's Orae
,nat that they be required to appear on the nrst az
omit the next term of said court 70 DC neia =,
10 the second Tuesday of September, A. " 100,
Goth mat az cnmniaipants shall cau the snbst,
ed oy Of said bill with this order, to be published
said ssIs nccessively in the Rutland Herald, pri
n at Rutland the last of which to be ut least w
aT Dated al Rutland in said county, this 4sh d'
re- my a. F. W. HOPKINS, Gle
- PRour DUNToN, Solicitors. 1913
f1. i05 STATE OF VERMONT. aE. Probate @,.
,hsrI. District of Rutland, e. for the Distrio
eceas Tn al, rersons Interested in the estate of