Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-06-30
STATE OF VERMONT, Rutland IS.

STATE OF VERMONT, Rutland IS.
HORACE G. CLARK and
NORMAN CLARK, In Chaneery,
VS.. June DIST, 1870.
Z. DELEVAN WOODRUFF.
Whereas Horace G. Clark and Norman Clark of
Rutland, in the County of Rutland have filed in
the Court of Chancery within and for said County,
their bill of complaint, Setting Fourth, that on
the 18th day of June, 1870. f. Delevan Wood
ruff of Auburn, in the State of New York held
in his own name six thousand two hundred and
hfty-slX shares OF the capital stock of the Amer
lean Marble Company, a corporation organized
under the laws of Vermont doing business at said
Rutland, which said shares were included in two
certificates therein described, and that Gorton
w. Allen of said Auburn held ID his own name
six thousand two hundred and fifty-seyen shares
of said stock. That the orators then and there
entered into 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 by
them TO the orators dated May 18th A. d. 1870,
and all payable to IL. u. and \. 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 promissoTy Otes made and
executed on the said 18th day of June, 1870 by
said Horace Clark u 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
certificates of said stock to be cancelled as pre-
| scribed in the bylaws of said coronation That
! the said Allen then and there made transfers OF
the said shares held by him as aforesaid and sur
rendered the certificate thereof which was duly
cancelled III compliance with the provisions of said
| bylaw and that the said Woodruff in part per
Torrance OF his said agreement made on the b 1oks
of said corporation transfers of said shares SO he'd
| by him as aforesaid and although then and there
requested, neglected and refused and still ueglec.s
and refuses TO surrender to The orators the said
certificates 50 held by him aforesaid that the
quire.
And praying that the said woodruff answer
said bill Of complaint and that he be compelled
by decree of this Court specifically to perform the
sad agreement Tor the surrender OF said shares OF
stock as Aforesaid, and that IN the meantime the
said Woodruff be restrained from making "a q OF
transfer OF shares Of stock and from dlsp0sing il
| any manner OF said certificates.
The said E. Deevan Woodruff. defendant re-
siding without ibis State, SO that subpoena can
not be served upon him,
Ii is ordered that said defendant be required "a
appear on the first day of the next stated term OF
| the Court OF Charcery, TO be held at Rutland
/ within and for the County of Rutland ON the ID
Tuesday OF September, A. u. 1870, then and there
to answer said bill OF complaint and for that pur-
pose the Complainant shall cause to be published
in the RutlaRd 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 70 the commence
ment OF said term which shall be deemed sufci-
1 ent notice.
Dated at Rutland this 2lst day of June, a. d.
1eTo.-
JOELC. BAKER,
Deputy Clerk
EDGERTox & NICHOLSON, Solicitors Tor Orator.
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