Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1872-08-15
legal Nntirrs.
GTATE OF VERMONT,

~ RUTLAND, IS.
j. II. HIDLEY
C. II. HOBBY and Sept. Term, 1872.
THOS. N. BOUTW ELL.
Whereas, j. III. Ridley, of Albany, in the
county of Albany, and state OF New DIRK,
hes filed in the office OF the clerk OF the
court of chancery, within and Tor the cOun-
ty of Rutland. his bill OF complaint. SET
TING FORTH, that previous to the 22d day
of March, A. y. 1872, G. III. Hobby, then OF
Rutland, in the county of Rutland, applied
to the orator therein TO employ him, the
said Hobby, to sell for the orator, pianos
and other musical instruments, ana gave
assurances OF great business experience
and integrity; that on the 22d day of
March, 1872, the orator entered INTO ~
agreement with said Hobby, by which the
orator was to furnish pianos ana other
musical instruments TO the said Hobby, TO
sell for the orator, and the said 1nStru-
ments to remain the property of the ora
tor until they were paid for, which SAD
agreement is set out in full in said bill OF
cOrnDlaint: That under said agreement
the orator consigned to several persons
numerous pianos and organs, upon the or
der of said Hobby, and among the num-
Der, one to Thomas \. Boutwell, OF CASTLE
ton, as guardian of daughter OF the vile
of said Boutwell,; that said Hobby, in Vlo-
latlon of said agreement, sold SAID pianos
and other musical instruments as ms own,
receiving therefor small sums OF money
and the balance in notes payable on time
to himself; that the piano SOLD to sald
of Nav, 1872. for the sum of three hundred
and twenty-five dollars, for which SAID
Hobby took two notes, one Tor S2OO, paya-
BILE to said Hobby, at the FairhaVen Ma
tiOnal Bank on the 18th day of July, \. ID.
1872, the other for SID. payable IN one year;
that neither OF sad notes have been pald,
but that the first would have been P!ud
when due had not the orator 10rDldden
its DaYment that said notes and Il large
number of other notes obtained in similar
way are now in the hands of said Hobby
that said Boutwell, refuses to pay your ora
tor for said piano, or to return the same,
and said Hobby refuses to deliver S&lu
notes to the orator; that said Hobby has
left this State, and Is making attempts to
sell or collect the notes aforesaid, and
praying for an injunction against said
Boutwell,, restraining him from paying
said notes or for said piano, except TO the
orator: and against said Hobby, restrain
ing him from in any manner parting pos
session with the notes, Obligations or Secu-
rites he has received for pianos or other
musical instruments consigned hlm by the
orator: and that said Hobby account to
the orator for all property sold as atOTe-
said, and pay therefor to the orator; for
the ordinary writ OF subpoena and for gem
erHl relief.
The said defendant, G. II. Hobby, being
without this state, so that said writ cannot
be served upon him,
1t is ordered that they be required to
appear on the first day of the next stated
term of said court, to be held at Rutland,
within and for the county of Rutland
aforesaid, on the second Tuesday OF Sep
TENDER, A. p. 1872, and make answer to said
bill of complaint, by publishing the sub
stance of said bill, with this order, three
weeks successfully i'll the Rutland HER
ALD,a newspaper printed at Rutland atOre-
said, the last of which shall be at least
twenty days previous 10 the commence
ment of said term of said court,
Dated at Rutland, this 9th day of July,
\. ID. 1872.
HENRY II. SMITH, Clerk.
JOHN PROUT and y. p. SIMONs, SOEci-
tors iy29dlW