Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-06-23
STATE OF VERMONT, R. otIand IS
HORACE G. CLARK and
NORMAN CLARK,
E. DELEvAN WOODRUFF.


E. DELEvAN WOODRUFF. . D'-' --'''
Whereas Horace G. Clark and Norman Clark o.
Kutland, IN the County of Rutland hav filed u
the Court of Chancery within and for sal, Count
their bill of complaint, Setttlsq Fourth that 81
the 18th day of June, 1870. L. Delevau Wood
ruff OF Auburn, in the State of New York held
IN bis own name SIX thousand two hundred anC
ffy-slx shares OF the capital stock oil the Al ner
lean Marble Company, a corporation orgaui zet
under the laws of Vermont doing business at ss L
Rutland, which said shares were included in tyg,
certificates as therein described and that Gorton
W. Allen Of said Auburn held in his own name
six thousand two hundred and ifty-seven shares
OF said stock That the orators then and there
entered into a contract with said Woodruff and
said Allen, whereby in consideration that the
orators at the request of said Woodruff and Allen
then and there surrendered and delivered up to
said woodruff and Allen their, the said Wood
ruff and Aliens ten prOmissory notes executed bv
them to the orators dated May llth A d. 1870
and all payable TO IL. q. and n. Clark one for
the sum Of five thousand dollars, one for twenty
six dollars and the other eight for TWENTY-FIVE
hundred dollars each, and for the further consid-
Grafton OF three other promissory otes made and
executed on the said 18th day of June, 1870 by
said Horace G Clark to the said Woodruff and
Allen. Two of them for the sum of six hundred
and twenty-five dollars each, the other for the
sum of twelve hunred and fifty dollars the said
Woodruff and Allen aud each of them then and
there agreed to and with the orators to transfer
on request of the Orators, all and singular the
said shares of stock and to surrender their said
scribed in the bylaws of said corporation. That
the said Allen then and there made transfers of
the said shares held by him aforesaid and sur
rendered the certificate thereof which was duly
cancelled in compliance with the provisions of said
bylaw and that the said Woodruff in part per-
formance Of his said agreement made ON the books
of said corporation transfers of said shares so held
by him aforesaid and although then and there
requested neglected and refused and still neglecs
and refuses to surrender to The orators, the said
certificates so held by him aforesaid that the
same mil hit be cancelled as the said bylaws re-
quire.
And prayirsg that the said Woodruff answer
said bill of complaint and that he be compelled
by decree of this Court specifically to perform the
said agreement for the surrender of said shares of
stock as aforesaid and that in the meantime the
said Woodruff be restrained from making sa' e or
transfer of shares of stock and from dIsposng in
any manner of said certificates.
The said z. Delevan Woodruff, defendant re-
siding without this State, so that subpoena can
not be served upon him.
Il is ordered that said defendant be required to
appear on the first day of the next stated term of
the Court of Char Gerry, to be held at Rutland,
Tuesday of September, A. d. 1870 then and there
TO answer said bill OF complaint, and for that pur
pose the Complainant shall cause to be published
in the Rutland HERALD, printed at Rutland
aforesaid the substance of said bill with this or
der three weeks successfully, the last OF which TO
be at least twenty days previous TO the commence
ment of said term which shall be deemed sufici-
ent notice.
Dated at Rutland this 2Ist day of June, A. d.
1870.
JOELC BAKER,
Deputy Clerk.
EDaERToN & NICHOLSON, Solicitors for Orator.
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