Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1874-10-10
Nelson 5. Forsyth,

The Granite Agriculture Orange County
al Works of Lebanon, N. December Term,
H., c. i. Mahan and A. d., 1874.
National Bank of New
bury, Vermont.
Nelson S. Forsyth of Newbury. in said
county of Orange. having filed his complaint
in the above written cause, in the office of the
Clerk of said Court Of Chancery. Setting
forth in subs lance, that, on or about the Gath
day of June, A. ID. 1874. he was solicited by a
person who pretended to be the agent of said
Agricultural Works of Lebanon, N. H., to buy
two Moving Machines, known and called the
mo. 2 Granite Moving Machine of the New
Model" and he, said agent, represented to the
orator that said machines would do good
work and were valuable machines. That af
ter much talk on the part of said agent. the
orator bargained for two of said machines.
Mt and for the price of seventy dollars each,
being one hundred and forty dollars for both,
as appears by the contract in writing attach
ed to orators petition and made a part of
the same And the orator says that he exc
cuted and delivered TO said agent his note on
said Oath day of June, A. ID. 1874, for the
sum of one hundred and forty dollars, made
payable to the order of G.. b, Mahan, Agt.,
ninety days after date, at Wells River Nation
al Bank, Wells River, vt. That said note was,
by said agent. dated June l, 1874, but why it
was dated back orator does not know but be.
leves for some fraudulent purpose and object.
That it was agreed that said machines were
to be forwarded and sent to the orator, imme
diately, at Boltonville depot in said town of
Newbury. and that they were to be at said
depot within one week from said Oath day of
June, 1874. That said agent agreed that said
note Though payable upon its face without
consideration should not be negotiated or be-
come payable except agrecably to the terms
and considerations specified and set forth in
the said written contract. And the orator
4 l.. L.Is. IL.
c. b. Mahan is the person who made and
signed said contract, and to whom said note is
made payable, is the manager if not t he sole
owner of said Agricultural WORKS. And that
the orator believes that said Mahan and said
Ora mite Agricultural Works are neither OF
the III responsible; and the orator further
cha rges and sets forth in said bill that said
machines nor either of them were sent or de-
livered to him agreeably to said contract of
purchase, and that it was not the intention of
the said Granite Agricultural Works, their
agent, nor said G. Is. Mahan, to deliver said
machines, put tna' tney intended TO sell or ne,
gotiate said note while current, and compel
the orator to pay said note. contrary to said
contract and agreement, without delivering
said machines to orator. And further set
ting forth that said G. B. Mahan is endeavor
ing to sell and transfer said note and that the
he (Mahan) has for that purpose sent said
note to the said National Bank of Newbury
and in whose possession said note now is, to
be sold and discounted while current, SO that
the orator may be compelled to pay the came
without receiving said machines, and in di-
rect violation of said contract and agreement.
That said note orator has been informed and
believes, was left ut said Bank for the afore-
said purpose and object, on the same day said
note was given. And further setting forth |
that said machines will not do good work,
but are worthless rs moving machines. That
said machines, nor either Of them, were ever
Il LA, f,p tn
tract or at all, and that the consideration of
said note has wholly failed. And praying |
that said Granite Agricultural Works, G. Is. |
AIahan and said National Bank of Newbury i
their agents and attorneys, be restricted from
negotiating, selling or transferring said note
that said Bank be restrained from delivering
said note up to any person, but to be ordered
to retain the same till further order Of said
Court And further praying that said note
be ordered to be given mp to tho "'"'"r W pe
cancelled.
And it appearing to the Court of Chaneery
that said Granite Agricultural Works and
said c. b. Mahan are without the state OF
Vermont and no service can be had upon
them, it is ordered by said Court that notice
be given to them of the pending of said bill:
and requiring them to appear before said
Court OF Chancery, next to be holden at Chel.
sea in and for county OF Orange, on the third
Tuesday of Dec ember, A. D., 1874 by pub,
fishing an Older. stating the substance OF SAID
bill and this order aud the time OF SAID Court
at which they are required to APP
pear and make answer to said bill, three
weeks successfully in the Bradford Opinion.
q newspaper printed at Bradford, i'll said
Orange county the last of which publications
shall be at least twenty, days prior to said
third Tuesday Of December, A. ID. 1874.
Dated at Chelsea in said Orange county.
this 2lst day of September, A. u. 1874.
,sws l.. G. HINCKLEY. Clerk.