Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-02-02
gega1 gotifss.
STATE OF VERMONT. - RUT-
~ LAND, IS.

| ~ LAND, IS.
HENRY E. sTOUGHTON) In Chancery.
JAMES CHEEvER e ais. } Sd October, 1870.
| Whereas Henry E. Stoughton, of the city,
/ cOu ty and State of New YORK has filed his bill
! in chancery against James Cheever, William T.
Hart, John s. Farlow, Dwight Foster, George G.
/ Lord, Jacob Edwards. Joseph M. Wightman and
| William Thomas, all of Boston, in the common
wealth OF Massachusetts,, and Edwin A. Birchsrd
and John b. Page of Rutland, Vermont, and the
! Rutland Railroad Company, body corporate es-
| tabhshed by law and doing business in said State
| of Vermont.
! Setting forth, that railroad corporation was
chartered by the Legislature of Vermont in Octo
! Der, ls43, extending from Bellows Falls, Yer
mont by way of Rutland, to Burlington, Yer
| mont known as the Rutland Burlington Rail-
road Company, and that said road, since 1850, has
been running and in full operation to the present
And further showing that the said Rutland &
| Burlington Railroad Company, on or about the
month of February, 1851, issued their bonds to
/ the amount of eighteen hundred Thousand dollars
| and in order TO secure the payment of said bonds
| said company mortgaged their said road and
and property to Samuel Hooper and Franklin
ana said bonds were disposed or TO various par
/ ties, and ultimately said trust became vacant
| from death and otherwise, and said Cheever aud
Tart became the legal trustees of said mortgage,
and still remain such.
That subsequent TO the execution of said first
| mortgage, sald company executed a second mort
! gage Oh said road and property, and early
/ 1854 said road and property passed into the pos
session OF said trustees Of said second mortgage,
who declined on request to deliver the same TO
SAID Cheever and Hart, trustees of said first mort
gage; and that said Farlow, Foster Edwards,
| Wightman, Lord aud Thomas were appointed
| committee from among said first bondhOlders 10
aid said first trustees in the assertion of their
| rights by legal proceedings.
That a suit was commenced in favor Of said
/ Cheeyer and Hart and others against said Rut-
| land & Burlington Railroad and others, as early
as 1864, IN said Rutland comfy, and in said suit
the said orator was retained as attorney, solicitor
and counsel for and in behalf of said first bond
| holders by said Cheever and Hart and said COM
mittee, and that said orator accepted said retain
er such attorney and COUNSEL and entered upon
| the performance OF such duties were assigned
hlm as such attorney and counsel, and so contin-
! ued to perform said duties for about five years
and tn st for three four years of said litigation
nearly the whole OF the orators time was occu-
pied by said duties, regardless of any other en-
gagements, and for which services and dis burse-
ments, in said suit made by the orator as a ore
said, large amount has accrued to him and
which is still due and unpaid, and which the |
defendants deny lthey are personally liza |
bic for 10 said orator, except for said dsburse-
ments and said defendants insist that said ora
tor was to look to sa0h fund as might ultimate |
ly come TO said Cheeyer and Hart from said trust
property for his services as aforesaid, and that
sad orators disbursements have been fully |
paid.
That said Cheever and Hart aud said commit |
tee, some of them, have paid said orator about
six thousand dollars; but for two thousand dol |
lars of said sum said Cheever and Hart hold said |
orators notes under an assurance that ultimate |
ly said notes should be applied in part payment
of said orators sid bill, but that said notes
have rot been delivered to the orator, but are /
still held by said CheeVer and Hart, or one of
them.
That the said suit to enforce the securities MI
der eaid first mortgage has resulted in a decree
in favor of said Cheever and Hart, trustees or
dering the payment OF said bonds or delivery of |
said mortgt sc property to said Cheever and Hart,
trustees, for the benefit of said first boudhoders
a.
was entered into in May, 1870, between said |
Cheever and Hart, trustees, and said committee.
and Blrchard and Page, second trustees, and
said Rutland Railroad Company, that said Bir-
chard aud Page and said Rutland Railroad Com
pany should pay TO said CheeYer and Hart and
said committee for the benefit of said first bond
holders and in satisfaction of said Decree and
that said Birchard and Page and Rutlaod Rail-
road Company did pay to said Checver aud
Hart, trustees, the sum of one hundred thousand
dollars to cover the expenses and disburse ments
in said suit including said orators said bin, &C
csrding to the terms of said agreement, and that
further sum was to be paid on or before Octo-
Der lst 1870, and the balance on said bonds was
to be paid on or before April |, 1871.
That after said one hundred thousand dollars
to cover expenses and Disbursements was paid,
and while the same was in the hands of said
Cheever and Hart and said committee, the orator
presented his said bill and demanded payment
thereof of said Cheever and Hart and said COM
mittee, but they refused TO pay the same and
That said Cheever and Hart and said committee
have an equitable lien upon the money paid and
TO be paid as aforesaid by said Brchard and Page
and said Company, and are in equity bound to
pay and discharge the orators bill for services in
said suit out OF the same, and that said Birchard
and Page and said Company now have in their
hands more than three hundred thousand dollars
belonging to said Cheever and Hart and said
committee, which, uni restrained, will be paid
over to said Cheever and Hart and said commit
tee, and that there is now due TO the orator for
his aforesaid services twelve Thousand dollars and
large of interest thereon, which said ora
tor is justly entitled to receive out of said trust
fund.
And praying that said Birchard and Page and
said Railroal Company may be directed by the
order and temporary injunction of said Court to {
hold out of the funds they have in their hands
belonging to said Cheever and Hart and said
committee, to be paid Oct. ], 1870, the sum of
fifteen thousand dollars to respond to any decree
which may be made to pay the balance due the
orator, and that John b. Page be appointed re-
ceiver, and that said William 7. Hart and John
5. Farlow, their agents, &c, be epjoined from
parting with or collecting said notes they hold
against the orator.
The said William T. Hart, James Cheever, !
John 3. Farlow, Dwight Foster, George G. Lord.
jacob Edwards, Joseph NJ. Wightman and Viii. !
liam Thomas, residing without this State SO that
a subpoena cannot be served upon them; II is
ordered that they, the said defendants, be re- .
CURED to appear on the first day of the next stat
ed term of said Court, to be holden at Rutland +
within and for the county of Rutland Aforesaid.
on the second Tuesday Of March, A. D. 1871, then D
u ana there TO answer TO said petition; and for
pu6ished In the Rutland HERALD, printed at a
Rutland aforesaid the substance of said petition p
With this order three weeks successfully, the o
% SAID term OF Court, which shall be deemed suf- a
icient notice. !.
Dated at Rutland aforesaid this 10th aav of !
January, A. d. 1871.
T. J. PHELPs, Solicitor for Orator.
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