The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-12-20
chancellor Royce. opinion.
VEgMoNr Il CANADA RAILROAD Coz
rs.
Nrp,,o<.r CrNrpAr r. Il ca IL al

VERMONT X CANADA RNURoAp Coz
VERMONT CENTRAL K. Il. Co.. Il aL)
In Chancyy, Fiuakiin C1unty:
In the matter of the petition of the Cen
trail Vermont railroad company. heard at
Chambers. at st. Adams. this l2tii day of
December, 1873
The petition alleges that the petitioner
is now and for the past five months has
been receiver and manager of the crmOnt
Central and the Vermont and Canada rail-
roads. acting rs such under the orders of
the court in the above entitled cause, and
makes all the proceedings in said cause
mart of the petition. That during said time
it has been operating sand roads and the
Ogdensburgh and Lake ChampIlIn railroad
and other railroads, the use OF which was
acquired under II contract with the Rutland
railroad company, sanctioned and APP
proved by this court. rs such receiver and
| manager. That in the usual course OF
railroad business, large balances due the
petitioner from the earnings of the roads
under its management, accumulate in the
hands of the Boston and Lowell railroad
company, the Fitchburgh railroad com
pany, the Cheshire railroad company, the
! Boston and Maine railroad company all
corporations existing under the laws of
Massachusetts and having their places of
| business in BOStOn-and the Northern rail-
road co. of New Hampshire and q stark,
of Boston. That in the usual course of
| business such balances should be ad justed
and paid monthly, and that at the time of
the preferring of this petition and the ser
vice of the writ hereinafter mentioned,
| there were large balances due from the
said corporations, and the said stark to the
petitioner. rs such receiver and manager,
arising from the earnings of the roads aud
property under its management
That ON the 2Sth day of November,
| 1873. the Vermont and Canada railroad
company sued out its writ OF summons
and attachment against John Gregory
! Smith, Worthington c Smith both
of st. Albums, Vt, and Joseph Clark,
of Milton, VT, as they are Jointly the trus-
tees under certain indenture OF mortgage
made by the Vermont Central railroad
company, dated October Goth, 1851, and
assienees from said company, OF its lease
of the railroad of the Vermont and Canada
railroad company made returnable before
the Superior Court to be holden at Boston,
Mass, ON the first Tuesday in January,
1874, demanding in damages 100000, and
| by said writ summoned as trustees of de-
PENDANTS therein, the above named corpo.
rations, and the said George stark. And
in said petition charging that said suit was
instituted for the purpose Of locking M
said funds in the hands of the trustees, who
are in doubt whether they can safely pay
said balances to the petitioner And tina,
the action of the Vermont and Canada rail
road company in summoning said corpora
tons and said Stark as trustees causes the
petitioner great embarrassment in the cN-
eculion of its duties as such receiver and
manager. And praying that the Vermont
and Canada railroad company might he en-
Joined from further prosecution Of said
suit as against the corporations and indi'
yiduals summoned as trustees, and it might
be ordered and directed to discharge slic
trustees, and release its attachment OF al
funds in the hands of said trustees whcl
accrued from the earnings and income OF
the roads and property under the m mage
ment of the petitioner and for such othel
relief as to equity might nppertan.
1t appeared upon the hearing that The
petitioner was appointed receiver and man
ager of the roads described in the petit u
on the 9lst day of June. 1879 that on th'