The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-11-08

owned and possessed large amount ofgoodsa and
chuttels, situated In said County Of Cook, con-
sistng Of machinery aud tools for the manulact
uIe OF tyres and car springs, and large amount
of manufactured tyres and springs aud large
amount OF unCOmpletedtYrcs and springs, and a
large amount Of steel blooms and ingots and ma
terialtpr the manufacture of tyres and springs,
aud Othcl goods and chattels, upon all of which
the said Union National Bank OF Chicago acquiLed
by said Judgment and writ Of darj fdcids n first
and prior lien as aforesaid, 10 secure the payment
thereof.
That said goods and chattes were at the time,
when said writ of execution was sued out and de
liyeredto said Sheriff as aforesaid, and still are
of great value and of the value Of fifty thousand
dollars and upwards
That the precise description of the said goods
and chattcls is to y, ur orator unknown, but from
the answer ofdciendants hereto and on the hear
ins hereof viii mere fully appear upon iniorma-
ton and belief.
That after the said writ of execution was so sued
out 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 unsatisiled.
aud the said Sheriff thereupou did return the said
writ persecution in no part satisfied.
That by theluws of said State of Illinois then and
now in force, It is provided than in case aud after
witt OteNeCutiOn issued upon judgment IN
court of record has beenreturued unsati~tcj, the
Judgment creditor in whose favor such judgment
Is rendered may file in said court his creditors
bill against his Judgment debtor to reach aud cN-
hauSt the equitable assets and effects of his ludg
ment debtor to satisfy the amount due upon his
said Judgment.
That the said Union National Bank Of Chicago
directed and procured the sud writ of execution
TO be returned In no part satisfied 10 enable 1t and
with the purpose of its filing creditors biil as
aforesaid.
That after the return of said execution as afore-
said and on or u jout 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 sMd
Chicago Tyre and Spring Works Company a'leS.
ing therein, among other things, the recovery oil
the said Judgment and the issuing and return
funsatisfed Of said execution as aforesaid and
that said judgment lWas in lull force ana IN no
part satisfied. and among other things also al
! leging and discovering HAT said hicago Tyre
and Spring Works had a large amount OF proper
! ~, assets, things IN action, book accounts duu
moneys due and owing to it, and equitable inter
esis and estate which said bank had been unable
10 reach by execution, and which ought TO he APP
| piled o the satisfaction of said Judgment, and
| praying among other things for discovery
| thereof and 10 reach the same, and for a lien
| thereon and for q decree sequestcrlng or apply
| ing the same to the payment OF said Judgments
and for the appointment of q receiver OF the prop
oriy estate and the equitable interests, assets and
effects Of the said Chicago Tyre aul spring
| Works as by q copy Of said bill ready 10 he pro
duced herein will more Iuiiy appear.
That such further proceedings were afterwards
had IN said last named court. in said suit last men
toned, that ON lh-mo,Iou Of the said bank by its
solicitor and by the appearance and consent
] >,
one William q. Sleph MS, of Chicago aforesaid,
| was duly uppuiut.d receiver Of said Chicago
! Tyre and Spring Works, and of oil its property,
assets, equitable interests, things in acuonughtS,
credits aud effects, IN said last mentioned suit,
with all the powers of receivers in such cases,
according tGlhc course and practice OF Chancery,
and said stephens thereupou accepted said re.
ownership aud qualified aud took upon himself
the same, and tnat shortly afterwards aud on or
about the --- lay of February. 4. u. 1857, such
further proceedings were had in said last men
toned suit and court, that under aud 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
fer, aud set over and deliver unto the said re-
cciyer all It's property real and personal, assets,
equitable interests, things in action, rights cred
10, and effects, aud said receiver took possession
thereof and still holds possession thereof under
the order of SAID last named court.
That in and By the laws 90, the state Of Illinois
u Judgment creditor who files his creditors bill
as aforesaid and thrrnupon obtain the appoint
mrut of a receiver of his judgment debtor, there
by obtains lien ON all The property, assets
moneys. equitable interests, things in action,
rights, credit and effects which upon his appoint
meut came to the hands OF said receiver or are
discovered ON S I'D bill,
That at the time of the appointment of said
receiver said Chicago Tyre aud Spring Works held
and owned % large amount OF moneys, assets,
equitable interests, rights, credits and effects
which came to the hands Of said receiver on his
appointment upon which said Union National
bdlh OF Ulttt1t DN lIN san tltNllttH Dill anu
the proceedings thereon acquired and now has u
rs, and superior lien upon an the property, real
and parsonul assets moneys, equitable liutcrest'
and things in acuou rights, credits and effects Of
the said Chicago Tyre and Spring Works. to ST.
cure The same indebtedness Of said Spring Works.
tn secure which Il claims 20 hold said notes and
mortgages.
That said property, assets, moneys, equitable
interests and things in action, upon which said
bank has such first lien To secure said alleged in.
dcbtu mess OF said Chicago Tyre and Spring
Works 10 10 amounts TO more than the said in
drblpducss By "a largo amount and to more than
the sum ut one hundred and fifty thousand dol.
lars, and to the sum Of two hundred thousand
dollars or thercabouts which came to the hands
Of such receiver.
That the same Is situated in the said County of
Cook and state Of Illinois and that The same is
ample and sufficient 10 pay the said bank its said
alleged claim against the said Chicago Tyre and
Spring Works
That said bank and Suil Chicago Tyre and
principal offices and places ot business in the
city of Chicago in said County of Cook and state
OF Illinois and that said Ferry is resident ofsaid
County and state last mentioned, and without
the Jurisdiction and process of the courts of this
STATE in any action at law, and has no property
within the STATE ot NcIWOnt and the SAID Chi
cage Tyre AMI spring WORK, Company IS wholly
InsoNrul
That after the said appointment of said rCCciv
er and on or about Jnc -- day Of April, A. y;
49,, one llimn H. Ferry, as trustee recovered
j""I ~ ", J",-'''1 ~ ga .7'p'l.'. NCult :"
lpuh county against Sald Tyre ana spring
WOIh, by confession for the sum oiily thOusaLd
uoliaIs or lhertabouls, ana sued out execution
and procured the same 90 BE- returned Ia no part
satisfied, and thereupnn hrd his creditors bill
against said Tyre aud 0pTlnH " orhs M sand last
uantd court thereon and procured ia rrOn an
order making said cpueus receiver ut said Tyre
aud spring Works, uICNlrudlug said recrivcrship
so rs to include sand last mentioned suit.
That thereby said William II. Ferry. trustee,
acquired lien upon all the property assets, and
estate OF said Tyre and SWi Z Works, subordinate
To the lien IA favor OF said tuIon National Bank
OF Chicago.
That said William u Ferry is trustee for said