The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-10-25

That by said execution so placed in the hand
Of said Sheriff, the said bank thereupon acquires
prior and first lien upon all the goods and chat
tells Of said Chicago Tyre aud Spring Works, site
ated In said County Of Cook,
That said Chicago Tyre and SprlngWorks thor
owned and possessed a large amount ofgoods AM
chattels. situated in said County Of Cool, con
| slsting Of machinery and tools for the manufaet
ure OF tyres and car springs, and = large amour
OF manufactured tyres aud springs and q larE'
amount OF uDcompletedtyres and springs and &
large amount Of steel blooms and ingots and ma
terial for the manufacture Of tyres and springs
and othel goods and chattsls, upon all Of which
the said Union National Bank OF Chicago acquired
by said judgment and writ Of deri Jdcids a frat
and prior lien as aforesaid, to secure the payment
thereof
That said goods and chaltels were at the time
when said writ Of execution was sued out and de
iYered to said Sheriff rs aforesaid. and still ars
OF great value, and OF the value Of fify thousand
dollars and upwards.
That the precise description of the said goods
and chattels is to your orator unknown, but from
the answer Of defendants hereto, and on the hear
ing hereof will more fully appear upon lnformG'
tiOn and belief
That after the said writ OF execution was so sued
cut and delivered TO said Sheriff, and on or about
the date last mentioned the said Union National
Bank Of Chicago by its solicitor, directed the said
Sheriff TO return the said execution unsatlstisd,
and the said Sheriff thereupon did return the said
VIII OF execution IN no part SATISFIED.
That by thelaws of said State OF Illinois then and
now In force, it is provided that in and after
q writ ofeIecution issued upon Judgment in q
court Of record has been returned unsatsfled, the
Judgment creditor in whose favor such judgment
is rendered may file in said court his creditors
bill against his judgment debtor to reach and ex-
haust the equitable assets and effects Of his judg
ment debtor to satisfy the amount due upon his
said judgment
That the said Union National Bank OF Chicago
directed and procured the said writ Of execution
to be returned in part satisfied to enable II and
with the suppose Of its filing creditors bill as
Aforesaid.
That after the return of said execution as afors-
said and on or about the date last mentioned the
SAID Union National Bank OF Chicago did file In
said Superior Court OF Cook County on the Chan.
Gerry side thereof the creditors bill against said
Chicago Tyre and Spring Works Company. alleS.
ing therein, among other things. the recovery Of
the said judgment and the issuing and return
unsatistted OF said execution as aforesaid and
that said Judgment twas in full force and 10 no
part satisfied, and among other things also al-
leging and discovering that said Chicago Tyre
and Spring Works had a large amount OF proper
ty, assets, things in action, book accounts and
moneys due and owing to II, and equitable inter
ests aud estate which said bank had been unable
to reach by execution, and which ought to be Ap.
piled TO the satisfaction OF said Judgment and
praying among other things for discovery
thereof and to reach the same, and for lien
thereon and for decree sequestering or apply
ing the same to the payment OF said Judgment
and for the appointment Of receiver Oft prop
ery, estate and the equitable interests, assets and
effects Of the said Chicago Tyre aud Spring
Works, as by copy of said bill, ready TO be pro
duced herein will more fully appear.
That such further proceedings were Afterwards
had in said last named court in said suit last meh
toned, that ON the motion Of the said bank BY It's
solicitor and by the appearance and consent
thereto of said Chicago Tyre and Spring Works,
one William q. Stephens, OF Chicago Aforesaid,
was duly appointed receiver OF said Chicago
Tyre and Spring Works, and Of all its property
assets equitable interests things in action, rights,
credits and effects, in said last mentioned suit
with all the powers Of receivers in such cases.
according TO the course and practice OF ChancerJ,
and said stephens thereupOn accepted said re
ownership and qualified and took upon himself
he same, and that shortly afterwards and on or
about the - day of February, A. ID. 1887, such
further proceedings were had in said last mon
Toned suit and court, that under and pursuant to
The order OF said Superior Court, the said Chicago
Tyre and Spring Works did execute its written
assignment to said receiver and did assign, trans
Ter, and set over and deliver unto the said re-
,eiver all its property, real and personal assets,
equitable interests things in action, rights, cred
q and effects, and said receiver took possession
hereof and still holds possession thereof under
he order Of said last named court.
That in and by the laws OF the State Of Illinois
judgment creditor, who files his creditors bill |
rs Aforesaid and thereupon obtain the appoint
nent of a receiver Of his judgment debtor, there
1y obtains lien on all the property, assets, |
moneys, equitable interests things in action, |
lights, credits and effects which upon his appoint
nent came to the hands Of said receiver or are
discovered on said bill.
That at tbs time of the appointment OF said |
eceiver said Chicago Tyre and Spring Works held |
md owned a large amount OF moneys, assets,
'quitable interests, rights, credits and effects
which came to the hands Of said receiver on his
appointment upon which said Union National
sank OF Chicago, by its said creditors bill and
he proceedings thereon acquired and now has a
"a nd lion naI
md psrsonal, assets moneys, equitable interest,
md things In action, rights, credits and effects OF
he said Chicago Tyre and Spring Works, to Sc
ure tho same Indebtedness OF said Spring Works |
o secure which 1t claims to hold said notes and |
mortgages.
That said property, assets, moneys, equitable |
interests and things in action, upon which said |
,anE has such first lien TO seenre said alleged in
lebtedness OF said Chicago Tyre and Spring |
Works TO II amounts to more than the said in |
Iebteduess by largo amount and TO more than |
he sum OF one hunir and fifty thousand dol. |
ars, and TO the sum OF two hundred thousand |
dollars or whereabouts, which came to the hands |
If such receiver. |
That the same is situated in the said County OF |
ook and state Of Illinois and that the same is
Imple aud sufficient TO pay the said bank its said
!lleged claim against the said Chic'go Tyre and
spring Works.
That said bank and said Chicago Tyre and
'pdng Works are both corporations haying their |
principal offices and places OF business In the |
,ity of Chicago in said county of Cook aud State
Il Illinois; and that said Ferry is resident Ofsaid
;oun:y and State last mentioned, and without
he jurisdiction and process of the courts Of this
> ate in any action at law, and has no property
within the State of Vermont and the said Chi |
ago Tyre and Spring Works Company is wholly |
nsovent
That after the said appointment of said rcceiv.
IF anu on or about the - day OF April, A. ID. |
so, one William Ii. Ferry, as trustee, recovered
Judgment or judgments in said Superior Court Of
yook County against said Tyre ana Spring |
Works by confession for the sum Offifly thousand |
iollArs or thereabOuts, aud sued out execution |
md procured the same TO be returned in no part |
satisfied, and thereupon filed his creditors bill
against said Tyre and Spring Works in said last |
named court thereon and procured thereon an |
order making said Stephens receiver of said Tyre |
md Spring Works, or extending said receiyership |
10 as to include said last mentioned suit. |
That thereby said William ii. Ferry, trustee, |
acquired lien upon oil the property assets, and
state OF said Tyre and Spring Works. subordinate
o the lien in favor of said Union National Bank
" Chicago.
That said William IL Ferry is trustee for said |
Charles IL. Ferry, who is the real owner of said
asst mentioned Judgment
That even If said bank were the bona dCie hold |
II of said notes Of your orator. said bank will not
,s prejudiced il 1t be required to collect its said
lain out of the said property and assets OF its
principal debtor, the said Chicago Tyre and
spring Works, upon which 1t has such lien and
which is in said state of Illinois, or to exhaust the
)ratOr will be entirely unable to enforce his claim
against said Chicago Tyre and Spring Works, or
tut of its property OF. account of its insolvency,
lpon Information and belief.
That said assignment or pretended assignment
" said mortgages and notes of your orator were
made on the part OF said Ferry and said GrAnnis
md said bank in fraud of the rights ofyour orator.
md to prevent your orator haYiug said account
ngs made and the price Of said car wheels ap-
,lied upon and in payment Of his said notes and
o prevent his making any defence thereto
That said Ferry and said bank and said Gran
lis contrving and confederating together wrong.
Illy, and uDjustly pretend to your orator and
allege and pretend that the full amount OF said
our notes is still duo and owing.
That the two suits at law brought against your
orator by said bank and said Grannis, at the in
,tigation Of SAID Charles H. Ferry as aforesaid,
IN the said notes OF your orator, were brought by
he procurement Of said Ferry in the name OF said
1rAnnis, returnable before the December term,
1870, OF the Bennington County Court, and upon
hem the said Ferry procured large amount Of
lersenA property to be attached.
That at said term OF said court your orator died
lis affldaYits of defense in each of said causes,
lnd no further proc
out the same are SIT
county Court.
That with the cor
lank and said Or
With them, said Fe H..
" December A. d
'aid personal prop
nm, the said Char
he hands Of the d
hen and still sherf Of the County Of Rutland, in
he State OF Vermont, with directions to him, as
such Sheriff, to sell said personal property so
described In said chattel mortgage, at public auc
ion, in accordance with Ire law OF this State re-
ating to the foreclosure OF chattel mortgages on
personal property and apply the proceeds thereof
1n said four notes so given by your orator as
lforesald.
That said Peabody, as such Sheriff pursuant to
'aid order and direction Of said Z. II. Ferry, ad-