Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-03-02
$egal gutires.


/ AOkAtGs
JOCK Il. CHsEyGR, In ChAncery
CHRIsropuER MEYrR, and cLit.onden County,
| l.. A. DREW. April Term, 1877.
| WHEREAS, John H. CLceVer, Of the City OF
w New York, on the 10th day OF February, ls77,
hled in said Court his Bill in ChaLcery, setting 10th
IN substance, that in November, l57j, one John Y.
uOyt was owner Of go shares capital OF Geo
tTal vermont Railroad Company holding certificate
NO. lo3 Tor the same, that in November 1875, said
Chesver loaned to 81 d Hoyt his note Tor SlO,O01
upon the security of SAID Certificate OF SAID stock,
duly asst gned and delivered To said Che. Yer; that
| on the 9Th day OF November 1875, one - k Garri-
son, discounted said Orators note, and paid the
| money TO sad HOyt, and at the same time the
Orator delivered to sad Gtrrison, as part OF the
transaction said certificate Of STOCK SO assigned TO
hold collateral for the pay OF Orators nots,
| said Hoyt agreeing then and there to pay said
note at maturity; that AT the maturity of said note
tine Orator paid sau note to said Garrison and took
back said certificates Of said stock and SAID stock
to hold cOllate al tor the Repayment Of said
note; and that the Orator, from that time to the
18th day Of January, l576, has 50 held SAID stick;
that said Hoyt is now Insclvent; that sad note
has never been repaid, and that the Orators only
reliance is upon SAID stock. That no record Of
transfer and assignment Of said stock from said
Hoyt to the Orator was made upon the book Of said
Railroad Co; that the transfer and assignment by
sad Hoyt to the Orator, was IN good latin and to
secure the Orator Tor said loan.
And whereas, on CT about the 23i day OF Febru
airy, 1876, said HOyt was owinS one hor
Meyer sIi,@7S.lS, the amount Of certain note,
out his Wit OF attachment against sad HJyt,
made returnable to the County Court then next 70
be holden at Burlington. in the county OF Chitten
den. declaring upon SAID last mentioned note. and
attaching upon said writ said 30 shares OF stock.
and in said suit OOtaIned judgment in his isvor
against said hOyt At the April term Thereof, 1876,
which said cause passed 10 the Supreme Court for
SAID Chittenden County, on exceptions duly taken
and filed. and judgment was rendered in aid Su-
preme Court Tor said Aey e. against said Hoy for
SIS 35S.37 and s30Gi costs.
That at the time said ock was pledged to the Ora-
tor and transferred and yne1 security ore
said, the orator, said HoyI Meyer AMI Garrison,
were, and ever since hsv, been, residents Of the
State OF New York; that by the laws Of Now York
existing at the time OF the asst nment of said stock
to the Orator and since sld sument TO tho
Orator was valid to pledge and transfer sa d STOCK
to him without notice or record Of said signnent
upon the BOOKS OF sad company.
That at the time Of said attachment, said Meyer
knew that said Garrison held said 80 shares as
collateral and that the Orator 50 held the sans
that the Orator. by reason o. said attachment has
been unable to get said stock transferred
to him upon the books OF said Company
and deprived o, all benefit to be derry
ed from holding said stacz a cola eral as
aforesaid that said Meyer has Caused eIeen..On
t. be issued upon his said jui .ment ana 20 b.
placed in the hands OF u. A Drew. sheriff o. sad
Chittenden County, and threatens To have said
stock sold upon said execution on the II day
Of February, is-5; thds the Orators title to
SAID stock is good and valid by virtue OF tue as
signu ent to him as against sad attieafnsnti that
TIE sale Of said stock upon execution Will result
in the transfer OF the same upon the cooks Of said
company TO the purchasers, and that thereby the
Orat6C will be greatly injured; that the lator
has no aGequate remedy at law anu can only bav,
adequats remedy in a Court OF equity BY bill and
injunction restraining such sale
And praying that said deieadints HeyeF and
Drew, Sheriff. appear and make answer u sa ID DILL
o. the first day OF the next st,tsd term OF said
1T of Chaucery, to all matters and tn ngs con-
taiu.ed in said bill, also pfay.ng t1at said defend
ants be restrained and eniO,ned from selling dis
posing OF SAID STOCK.
and Il appearing that slid Christopher Meyer
resides without this : ate so thai a subpoena
rot he served upon him, it is ordered that notice
- the pendency OF said bill be given T. the said
Never, by pUblishin. tha sCbsta thereof To-
sether with this order in the Burlington Free Press
three weeks successfully, the last o. which publica-
ton shall be at lrast twenty days previous to the
cO nmencsmeEt o. the April torn of said court,
I577.
NOBLE SMITH Solicitors.
35s31 a. J. HOWARD, Clerk.