Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-10-05
81. ALIsANS.
Aids o. BraincTd Before the eha"cei-
Ior ana Lawrence israinerd before
the Insolvency Court.

the
The rumor that a movement was on foot &c
r put Mr.. A. o. Brainerd into insolvency hao
e its inception in the fact that that gentleman
had filed petition in the court of chancery
to have receiver appointed over bis proper
ty. A hearing was had before Chancellor
Royce on Saturday afternoon, 1.-The following
counsel appearing Ii. q. Edison, Esq, FOL
tic petitioner and Willard Harrington, Esq,
and Hon. Il. II. Powell for attaching creditors.
| Mr.. Edison stated the objects of the petition :
: that petitioners property at Rchford, con-
sislng of saw mill and lumber and logs,
ETC., had been attached that the petitioner de-
/ sircs II receiver appointed who shall keep the
J mill running, sell the lumber, and take
charge of the money.
The name of Willard Pierce OF st. Adams
! was suggested by Mr.. Edison, and was sec
onded by Mr.. harrington in few remarks.
} Col. Powell, on behalf of his clients, did mol
oppose the petition, but desired to be heard
upon the matter of choice of persons he
thought it the best course to have resident
Of the locality, in the interest OF economy
After some little discussion MIR. Willard
Pierce was appointed receiver, and his bonds
were fixed at $4,000 and filed with the clerk
. On the Goth inst, petition was filed in
the insolvent court, asking. in substance that
Lawrence Brainerd appear before the judge
of that court and summit to an investigation
touching his property An order was made
in the premises by Judge Bailey, and Satur-
day was set down as the day of hearing;
accordingly at 2 p mr., on that day appear
cd before the court G. e. Noble Esq, A. A.
of depositors and creditors. For Mr.. Brain
Ierd appeared 5. L. Royce, Esq, and ii. &.
Adams, Esq. Mr.. Royce stated that his
CLIENT Mr.. Lawrence Brainerd, had no OBJ.
lection to submit TO most rigid examina-
ton at the proper time and place this was
neither /; the judge of the insolvency court
could have no jurisdiction until said Brainerd
was adjudged bankrupt that a hearing on
the petition to put him into insolvency had
not been had that when the proper time
came no objection would be offered.
Counsel for the creditors urged that the
time and place he'd arrived that it was
| believed MIR. Brainerd was about to leave
the State that he had not assigned all of his
property, but had some hidden somewhat I;
that some of the property decided in trust to
assignee T.. A. Smith had been disposed
of in the interest of Mr.. Branerd
This position was stoutly contested by
Braincrd's counsel, and warm debate ensu-
ed. Judge Bailey decided that he had jur-
/
proceed thereupon MIR. Branerd's counsel,
after hurried consultation openly advised
him to decline to submit to an examination,
and Mr.. Brainerd did so decline he would
be neither sworn nor examined. Applica-
ton was then made to the court for An at
ltachment against Mr. Brainerd to commit
him 10 Jail for acontempt of court, and let
the question be decided upon writ of habeas
corpus. The court reserves its decision. 1t
is understood and believed that the attach
ment will be made out this morning, unless
Mr.. Brainerd withdraws from the position he
has taken and submits be toexamined.
In county court the case of Tarbel VS..
Tobin, an action of libel is on trial and it
promises to be warmly contested case.
Plaintiff lays his damage at $4,000. 1t is
understood to be the first libel case tried in
Franklin county; at any rate none OF the
present members OF the bar remember one
to have occurred in their professional careers
The articles complained of as lbcllous ap-
peared in the Swanion Courier in 1880 and
1881. Calling Tarbcll an eminent prevari-
Gator" and ''oilY topgued prevaricator"
and other obnoxious epithets are the main
utterances complained of.
The Trust Company
The depositors committee furnished the
following summary Of the assets of the Trust
company:
rsrions estate capital and interest $40 %: 50
Mortgage loans, a 26,2iO 90
Personal notes, " 47G,53l 80
| COlaterals, " 1886 II
Total amount Of assets, sIO9,545 81
Deducting worthless paper, about 1900 co
Leaves balance OF assets Of 69i,ji5 81
Of these we conside perfectly good' $4,000 90
AID as doubtful, 5ol,5I5 81
AS all the liabilities to depositors with in
terest amount to S5S0000 or thereabouts,
the depositors would be paid IN full If all the
doubtful assets could be collected in case
one half could be realized, the amout of good
assets would be SAB 1894, enough to pay
about rs cents on the dollar. il there are no
preferred claims.
The committee says: ave have some rea-
sons to hope that the s20,5S7.13 deposited in
the Vermont National bank will be paid in
full. AS for the S35, 900 loan, secured by
800 shares of the same bank, We are in doubt.
or the $312, 742 70 due from the Norwood
lnmber company, notes to the amount OF
Sl27, 742. 7Gare signed by L. p. Colton;
$l30,0O0 by II. Ii. Bailey, Mr. Col
tons brother in.law and chief clerk
the balance, $4,000, by l.. Brainerd
Braincrd is responsible either as principal
endorser or surety for s4O1, O2s55, not in
Guiding interest. His property, which will
be disposed partly for the benefit Of the de-
positors and partly for the benefit of his other
| creditors, consists list, in dwelling house
and lot on Bank street; FL, in a house and
lot on Congress street 3D., In a farm of two
hundred acres in S.. Adams; All, in past
ure on st. Adams Hill 9th, in a farm in
Georgia of about 200 acres 9th land IN Min
nesota, supposed TO be 800 acres; 9TH, In
farming stock, produce, etc. Estimated
value OF the whole property 30 far known,
about $40, 10000. If there is some other
personal or real estate, we have not yet found
1t out.
Petition to put Bradley Barlow into
InsOlvency-COunty COurt-Tarble
| y.Tobin, Verdict for Tarble.
A petition was filed in the probate court
for the district of Franklin Tuesday after
noon asking that Bradley Barlow be adjudg-
ed an insolvent debtor. The petitioner is the
Barton National bank Of Orleans county, and
Gen. w. W.Grout is petitioners counsel. The
hank claims to be a creditor of Mr.. Barlow's
to the amount of $ll 900. and it is set forth
in the petition that said Barlow has made
transfers of property to creditors, on value as
follows viz 100000 to Bradley b. Small
ley Of Burlington, and II like sum to the Yer
mont National bank these preferences to
creditors are asked TO be set aside and that
said Barlow beSdjudged an insolvent debtor,
etc. A hearing upon the petition is set
down for October 10Th.
The Sl0,0 900 libel suit Of Fletcher Tarble
vs.. T. NJ. Tobln of the Swan,on Courier,
} which has been on trial since last Friday,
went to the jury Tuesday afternoon and re-
, suited in verdict OF 50 and costs for plain
tiff. The ''liberty of the press and freedom
OF speech were upheld by g. q. Noble F..
} McGettrick, ii. G. Adams and II. d. Sturte-
: want The injured and libelled plaintiffs
cause was in the hands Of w. ID. Wilson,
Ailia.l LGaE.i.,.Iia.. anil I'm.