The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-10-25
STATE OF VERMONT, Il, Ch.r.arr
BENNINGTON COUNTY, In Oh'n'er''

| STATE OF VERMONT, In Cb.ncerv.
BENNINGTON COUNTY, ="
George W. Miltimore,
VS.
William c. b. Grannis,
Charles II. Ferry,
Frederick NJ, Atkinson,
The Union National Bank,
The Chicago Tyre and Spring Works Company,
The Miltimore Elastic Steel Car Wheel Company
Daniel P. Peabody.
WHEREAS, George W. Miltimore, OF Arlington
In the County Of Bennington, and State OF Nel
mont, hath fled his bill OF complaint, dated tn
eth day OF August, A, d 1881, against William
ID. GrAnnis, Charles ii. Ferry and Frederick NJ
Atkinson, all OF Chicago, in the County Of Cool
and State Of Illinois the Union National Bank
corporation organized under the laws OF tn
United States and doing business at said Chicago
and the Miltimore Elastic Steel Car Wheel Com
| pAny, and the Chicago Tyre and Springs Work
| Company, both organized under and by virtue o
the laws OF the State Of Illinois, and Daniel :!
| Peabody. Sheriff OF Rutland County, OF Rutland
In the County Of Rutland aud State Of Vermont
AND WHEREAS, said George W. Milhmort
afterwards, to wit. on the 9th day of August,
| d. 1887. and before plea, demurrer aud answer
against said defendants, dated the 10Th day o
August, A. d. 1887, said bill and Supplemental
bill setting forth in substance
That, prior to the 18th day Of January, A. ID
1855, certain transactions and matters Of business
had taken place between the Miltimore Elastic
Steel Car Wheel Company, a corporation organ
alton under the laws OF the State OF Illinois
in which corporation said Miltimore wa
largely interested as stakeholder and otherwise
and tho Chicago Tyre and Spring Works Com
pany, a corporation also organized under the
laws OF said State OF Illinois, in which last cor
porAtlon one Charles II. Ferry, OF Chicago in the
County Of Cook and State OF Illinois, aud one
Frederick NJ. Atkinson, also of said Chicago,
were the stockholders and ownars.
And said Charles H. Ferry, and your orator,
and one Homer Pennock, in which, as it was al.
ltuaI tho Miltiunra Elastic Steel Wheel
Company aforesaid, was indebted to said Chicago
Tyre and Spring Works, and said Charles ii.
Ferry, to \ large amount, amounting to the sum
of more than twenty four thousand collars, OF
thereAbouts, upon notes or paper OF said Car
Wheel Company, held by said Tyre and Spring
Works Company, or by said Ferry, and on &c
count of tyres sold by said Tyre and Spring
Works Company to said Car Wheel Company, and
said Ferry was indebted to said Car Wheel Com.
pany on certain unsettled matters, for moneys
collected and received by said Ferry as the attOr
ney Of said Car Wheel Company, or otherwise.
and there were certain unsettled matters Of nc.
count between said parties.
THAT, on or about said 18th day Of January, A.
ID. 1885, settlement and agreement between said
Ferry, the Chicago Tyre and Spring Works Com
pany, the MiltimOre Elastic Steel Car Wheel Com.
pany, and George W. Miltimore was made, bear.
ing date the day and year last mentioned. in and
by which agreement II WAS agreed that an &C
counting should be taken Of the steel tyres ac
tually delivered by said Spring Works Company
to said Car Wheel Company under certain con
tracts therein mentioned, including sos thirty
three inch tyres TO be surrendered by said Spring
Works TO said Miltimore. and l4o forty-two inch
tyres to be delivered by said Spring Works to
said MiltmOre, az in said contract provided
And also al accounting of amounts which should
be found due or borrowed by said Car Wheel
Company and Miltimore from said Ferry, ami
also an accounting Of the amounts payable by
said Car Wheel Company and said Miltimore on
certain papers drawn in favor OF the Calumet
Iron and Steel Company, and Bickford, Knox and
Company, and SWEET, Quimby and Company and
also an accounting between said Ferry and said
Car Wheel Company, in respect OF all dealings OF
said Ferry as attorney in fact of said Car Wheel
Company, under power Of attorney dated May
LIST. 1884. Also an accounting of the amounts ac-
tualy paid To and received by said Spring Works
Company on account of tyres delivered under the
contracts therein referred to. And that upon
such accounting the amounts which should be
found due TO said Ferry and aid Spring Works
should be added together and from the sum total
thereof should be deducted the amount which
should be found due from said Ferry such at
toIney IN fact, and the amount which should
be found TO have been paid to said Spring
Works. withinterest, as provided in said contract;
and that the balance so found due should be liz.
Undated and discharged as follows
That said Miltimore should execute and deliver
his four promissOry notes, dated the 10Th day OF
January, A. ID, 1855, payable to the order Of said
Ferry, one year.irOm date or before st the option
OF the maker, with interest at four per cent per
Annum the amount Of said notes to be in all
twenty thousand dollars, and that said notes
should DO secured by mort gage on the real es.
tate and machinery belonging to said Miltmore
your orator, located in Arlington, Bennington
County, Vermont, and that your orator should
duly execute said mortgages. And that the re-
malnder OF the balance, If any so found in excess
of said sum of twenty thousand dollars, should be
paid by your orator to said Ferry. And said con.
tract contained other terms and provisions reat-
ing TO other matters between said parties, or
some of them not material in this cause or nee
A nj a hi,sl mn
and the terms aud provisions Of saiO
contract viii appear from the said contract ready
to be herein produced by your orator when or.
dered, and your orator refers to the same, and
makes said contract part Of this, your oratsr's
amended bill, anneIes copy thereof hereto, and
begs leave to refer to said contract for greater
certainty as TO the terms thereof
That all OF said alleged indebtedness for which
your orator was by said agreement to give his
notes, or which it was provided in said agreement
that he should pay, was the Indebtedness Of tn;
MiltimOre Elastic Steel Car Wheel Company
Aforesaid and not the Indebtedness OF your ora
tor, as was we'll known to tue said Chicago Tyre
and Spring Works, and the said Charles II, Ferry
at the time and before the making of said con-
tract hereinbetOre mentioned.
That he did make, execute and dellyer his four
promissory notes for the sum of five thousand
dollars each to the said Charles II. Ferry, dated
and payable as provided in said contract, namely,
dated the 10th day of January, A. d. 1855. anu
payable on or before one year after date to the
Olu-I VI saul anu NE Two nlOTIRk
ges to SECURE the payment of said notes upon GER
tain real estate and machinery mentioned in said
contract, Us proqided in sAid contract-one Of said
mortgages being given upon real estate situated
in Arlington aforesaid, which belonged to your
orAtor-and described as follows in said mort.
gage
Bounded on the north by the lane leading from
the Man street in Arlington village, between the
dwelling houses OF ID. W. ElmOre aud NJ. II Dem
ing, 10 the railroad 4; east by the Bennington and
Rutland railroad southerly by the highway
leading from the railroad depot in said Arlington
westerly past the dwelling houses ofC. b. Vault
and George Holden Ito said Main street, and by
lands Of Charles Tomb and westerly by lands OF
Z, B, Vault lands occupied by Cyrus and GaOTge
Holden, lands Of Charles Tomb, lands Of Thomas
OConnor, lands OF Eli II. Caufeld and lands OF
l.. A. Elmore, being the same lands and premi.
ses upon which are located shops and other
buildings formerly OF the Arlington Car Manu-
featuring Company [; and which were conveyed
70 the said George W. Miltimore by the First
National Bank OF North Bennington by deed
dated the 9th day OF November. A, d. 1889. and
recorded in town clerks office in said Arlington
November rs. A. ID. 1887. which description is q
substantially correct description of the premises
conveyed and intended to be conveyed by said
mortgage and said mortgage contained in its
descriptive part further clause as follows
Together with AIRY and all machinery and tools
attached to or used In or about any and all build
ings or shops upon said described premises, and
the railroad sidings, switches and tracks upon
said premises"
The ether Of said mortgages being given upon
personal property then end still located in and
about the shops and other buildings located upon
the land above described in said Arlington. Said
personal property described in said mortgage as
follows
One tIl2 foot iron palmer, manufactured by the
Niles Tool Works, with Its attachments and tools;
one pair large iron power shears, four wrought
iron anvils, one set blacksmith swedgeS, fuller
and tongs, one bolt heading machine. one Put.
nam make "a inch swing iron palmer, one double
head compound rest lathe, one spoke turning
lathe, for manufacturing Mltimore car wheels
one double back stand lathe, 3s inch swing, 10
feet bed, manufactured by Putnam machine c IN
pany one Putnam Machine Company upright
drill, ~ inch swing two Bement boring and.
turning mills, number 300 and $50 one back gear
engine lathe, English make, 10 foot head % inch
swing one upright boiler with horizontal engine
" horse power one car wheel boring machine.
Sc Inch swing, made At machine tool works, Phil
adclphia one hydraulic press, $50. 600 pounds
capacity ono standard emery wheel and counter
shafts tor IL inch wheels one set of Morse Co. s
tap drills for roamers with wrenches lot flat
drills, reamers and taps two twist drills, two
ratchet drills, six pair large machine calipers
ono set y inch to ~ inch Lacoman malleable
iron lathe dogs, ono Fairbanks scales. capacity
$50 pounds one small gr ndstone and frame
betting shaftiDg, counter shafting and all tools
OF every name or description not specially enum.
Grated above in the brick machine shop,
Ore eighty horse power double engine, with
TIVE locomotive style boilers one Stllwell and
Bruce, Dayton, Ohio, heater, in brick engine
house ono set Of machinery for making sash and
blinds including saws and saw frames with twelve
extra circular saws one boring machine for
boring tubing one palmer and hatcher, one
moulding machine, two Daniels planning ma.
chimes and all the shAfting and counter shAftinR