The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-11-01
S STAPH 4E 9EE 9oGNffy In Olancery.

Charles II. Terry.
Frederick 81, 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 Yer
mont, hath filed his bill OF complaint, dated the
9th day OF August, A, ID. 1881, against William &
D. Grannis, Charles IL. Ferry and Frederick NJ
Atkinson, all of Chicago, in the County Of Cook
and State Of Illinois the Union National Bank,
a corporation organized under the laws Of the
United States and doing business at said Chicago
and the Miltimore Elastic Steel Car Wheel Com
pany, and the Chicago Tyre and Springs Works
Company, both organized under and by virtue OF
the laws of the State of Illinois, and Daniel -.
Peabody. Sheriff Of Rutland County, of Rutland
In the County OF Rutland and State OF Vermont.
Am, WHEREAS, said George W. Milimore
afterwards, to wit. on the 9th day Of August, A.
ID. 1887. and before plea, demurrer and answer
filed, iled his supplemental bill Of complaint
against said defendants, dated the 10Th day Of
August, A. d. 1887, said bill and supplemental
bill setting forth in substance
THAT, prior to the 18th day of January a. ID.
1885, certain transactions and matters of business
had taken place between the Miltimore Elastic
Steel Car Wheel Company, corporation organ
alton under the laws of the State Of Illinois,
In which corporation said Miltimore was
largely interested as a stakeholder and otherwise,
aud the Chicago Tyre and Spring Works Com
pany, a corporation also organized under the
laws OF Snlu stare OF llllnOlSt Ill Wnlcn lhst COT
poration one Charles II. Ferry, of Chicago, in the
County of Cook and State of Illinois. and one
Frederick NJ. Atkinson, also of said Chicago,
were the stockholders and owners.
And said Charles II. Ferry, and your orator,
and one Homer Pennock, in which, as II was al.
legged, the Miltimore Elastic Steel Car Wheel
Company aforesaid, was indebted TO said Chicago
Tyre and Spring Works, and said Charles H..
Ferry, IN large amount, amounting to the sum
of NOR than twenty four thousand collars, or
thereabuuts. upon notes or paper OF said Car
Wheel Company, held by said Tyre and Spring
Works Company, or by said Ferry, AMI on ac
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.
D. 1885, q 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 ac
counting should be taken of the steel tyres &C
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 l46 tOrty-twO inch
tyres to be delivered by said Spring Works to
said Miltlmore, as in said contract provided.
"
be found due or borrowed by said Car Wheel
Company and Mitimore from said Ferry, and
also an accounting of the amounts payable by
said Car Wheel Company and said Miltimore ON
certain papers drawn in favor OF the Calumet
l. on 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 us attorney in fact Of said Car Wheel
Company, under power of attorney dated May
lst 1854. Also an accounting Of the amounts nc.
tually 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 deductsd the amount which
should be found due from said Ferry rs such ut
tOIney IN fact, and the amount which should
be found to have been paid to said Spring
Works, with interest," 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, \, d, 1885, payable to the order of said
Ferry, one year. from date, or before, at the option
of the maker, with interest at tour per cent, per
annum the amount Of said notes to be in all
twenty thousand dollars, and thar said notes
should be secured by mortgag 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-
unllnutl Ol lHt DdlhnCt, II any 80 Duuu III 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 relat-
ing TO other matters between said parties, or
some Of Them not material in this cause or nee
essary TO be inserted here. ALI OF which matters
aforesaid and the terms and provisions Of said
contract " u appear from the said contract ready
to be herein produced by your orator when or
deTed, and your orator refers to the same, aud
makes said contract part of this, your orators
amended bill, anne1es u copy thereof hereto, and
begs leave to refer TO said contract for great er
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 ii was provided In said agreement
that he should pay, was the Indebtedness of the
Miltimore Elastic Steel Car Wheel Company
Aforesaid, aud not the Indebtedness of your ora.
tor, as was well known to the said Chicago Tyre
and Spring Works, and the said Charles II, Ferry
at the time, and before the making of said con-
tract hereinbetorc mentioned.
That he did make, execute and deliver his four
promissory notes for the SUN 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. 1885. anu
payable ON or before one year after date to the
order of said Ferry, and did execute two mOrtga
ges to secure the payment of said notes upon GER
tain real estate and niAclinery mentioped in said
contract, Ms provided in sid CQutract-pne Of said
mortgages being given upon real estate situated
in Arlington aforesaid, which belonged to your
orator-and described rs follows IN said mort
gage
Bounded OH the north by the lane loading from
the Man street in Arlington village. between the
dwelling houses of d. W. ElmOTe and NJ. II Dem.
ing, to the railroad east by the Bennington and
Rutland railroad southcry by the highway
leading from the railroad depot in said Arlington
westerly past the dwelling houses of Z. Is. 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 GsOTgc
Holden lands Of Charles Tomb, lands OF Thomas
O'COnnor lands of Eli II. Garfield and lands of
l.. A. ElmOre, being the same lands and premi.
| SEES upon which are located shops and other
buildings, formerly of the Arlington Car Manu-
featuring Company and which were conveyed
to the said George W. Aliltimore by the First
National Bank Of North Bennington by deed
dated the 9Th day of November A. d. 1857, and
recorded In town clerks office in said Arlington.
November %. a. ID. 1882, which description is a
| 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 any 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 other of said mortgages being given upon
personal property then and 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 a:
| follows
One iAl2 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 swedgUs, fuller
and longs, 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 Miltimore car wheels
one double back stand lathe, IS inch swing, II
| feet bed, manufactured by Putnam machine c III
pany one Putnam Machine Company upright
drill, - inch swing two Bcmcnt boring and
turning mills, number 3O' and 3j2 one back geal
swing one upright boiler with horizontal engine
| " horse power one car wheel boring machine
Sc inch swing, made ut machine tool works, Phil
adclpha one hydraulic press, 4sO,OO pound
capacity one standard emery wheel and cOunte
shafts for IL inch wheels one set Of Morse Co.
tap drills for reamers with wrenches lot fla
drills, reamers and taps two twist drills, tw,
ratchet drills, six pair large machine calipers
one set " inch 10 ~ inch Lacoman malleab
iron lathe dOss, one Fairbanks scales capacity
80 pounds one small grndStOne and frame
betting, shafting counter shafting and all tool
of every. name or description not specially enum
Grated above In the brick machine shop
Ore eighty horse power double engine, will
two locomotive style boilers one Stillwell an,
Bruce, Dayton, Ohio, heater, In brick engin
house one set of machinery for making sash an
blinds, including saws and saw frames with twelv
extra circular saws one boring machine 70
boring tubing one palmer and hatcher, oil
moulding machine, two Daniels planning ma
chimes and all the shaftng and counter shafting
pulleys aud betting and tools in wood shop.
One Emery grinder fer II inch wheels,
wooden frame one gang drill for MiltimOr
wheel (; one drilling and slottng machine for Mi
tiinOre wheels one Putnam Machine Compau
iron planer with new . inch chuck and attach
ments and tools one compound lever rivetin
machine for MiltimOre wheels /; one Fitchbur
Machine Co. screw cutting lathe, AZ inch swing,
foot bed One Putnam Machine Co. q inc
swing lathe, II foot bed One Putnam Machiu
Co. screw cutting lathe, q inch swing foot beC
One Shepard Lathe COmpany's screw cuttin
lathe, Is inch swing One e. j.. Cody, Lowell
Mass, screw cutting lathe, Is inch swing tw
Parker east Iiron vices, jaws 5ls and inches rel
pectvely one wrought iron machinist's vice
inch jaws one set Of Morse standard reamer,
l pieces, 4 to y inch one set OF Morse Co. S tap
2 pieces !: one set Of More 70 5 twist drils,