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

!. described in and covered by said chattel MOI
d gage Is machinery suitable TO be used in q m
, chine shop, and much OF IL special machineI
J. adapted for particular uses and purposes, nami
ly the making OF MiltimOre Elastic Steel q
! Wheels, and built expressly for your orator An
q worth much more 10 him than any one else; tn
: the same would moi sell at public Auction in A
: lingOn where such machinery is used only b
: your orator for sum nearly equal in value
! the amount of said machinery, that said propert
! Is now located in your orators shops In SAID ~
lington, ana your orator desires TO use the sam
In his business and II he is deprived Of the sam
J II will be greatly TO his injury and much NOR
] than the value OF the property.
That said personal property so mOrtgaged b
your orator TO said G, ii. Ferry Is OF great yalu
more than twenty thousand dOlars-and sal
, real estate so mortgAged by orator Of NOR
than ten thousand dollars in value.
To the end therefore that the said Charles II
Ferry, the ChicP go Tyre and Springs Works Com
paLy, william G. ID. Granns, the Union Nationa
! Bank Of Chicago, The Miltmore Elastic Steel Ca
Wheel Company, +. NJ. Atkinson and Daniel Z
Peabody and their c1nfederates when discovered
who are made parties 10 this amended bill, ma
full, true and perfect answer make TO all, an'
singular the premises as fully and completely a
though they were particularly Intercepted, ant
that an accounting may be herein directed to b.
taken under the order Of this Honorable Court
OF all and singular the matters between said par
ties and herein before referred to- and that upoT
| such accounting in case any balance is found que
cree therefor against the parties owing the same
or so indebted and that the said Charles II. Fer
ry, the said Union National Bank Of Chicago, the
SAID William Z. ID. Grannis may be restrained by
the injunction OF this Honorable Court, until such
| accounting from assigning or transferring the
| aforesaid notes and chattel mortgage or any OF
either OF them to any person, and also from 10
| any way selling or interfering with, moving or
taking away said personal property above de
scribed covered by said chattcl mortgage or in
any way hindering or interfering with your orator
| in the possession and use thereof or from collect
lnC or attempting TO collect said notes or either
or any OF them by any suit ut law, and that said
Grannis and said BaalI may be restrained and
en1ohed from further prosecuting said suits at
| law brought in the name Of said Grannis against
your orator, and that upon such accounting said
| notes may be decTeed TO be delivered up and can.
celled and said chattle mortgage released and
discharged, and that an accounting may be had
as aforesaid covering all the matters which are
open and unsettled between your orator said
| Ferry, Atkinson, said Chicago TyIc and Spring
Works and said MiltimOre Elastic Steel Car Wheel
Company, and that your orator NAV have such
other and further relief In the premises to your
| Honor shall seem meet and the nature OF this
case may require. And praying for a writ OF iu-
Junction to be directed to SAID defendants to re.
strain and enjoin them and each OF them, their
and each of their attorneys agents, OIL.
GERS, deputies and servants from in any way inter
iering WITH disturbing, selling or offering for sale
or attempting to sell said machinery and herper.
sonar property hereinbcfore descr bed. mort gagged
by said George W. MtimOre by chattel mortgage
dated the aforesaid 10Th day OF January, A. b.
1882 Snd also from further prosecuting said suits
az law now pending in said Bennington County
Court, IN which your orator is defendant and said
William Z. ID. Grannis is plaintiff. And also
praying Tor subpoena Said bill aud supple
mental bill verified by oath.
Memorandum Of agreement, entered into be.
tween Charles II Ferry, party OF the first part
the chicago Tyre and Spring Works, party Of the
second part, the Miltmore Elastic Steel Car
wheel company, party OF the third part, and
w ma nF FI,nF n,
whereas, the above parties are desrious Of
settling all suits and differences now existing be-
tween them, it is now mutually agreed between
them as follows
|. The party of the lrstIpart agrees to surrend-
er to the party of the third part and party OF tine
fourth part the following notes executed by the
party OF the third part and guaranteed by the
party Of the fourth part
at 80 days.
One note for 1000 dollars dated May 3Oth, 1884,
One note for $500 dollars dated May It'll, 1891.
At months
Also the following notes executed By the party
oil the third part to the order of the party Of the
SECOND part, guaranteed by one Homer PeDnock:
GO days y
One note for $500 dollar, dated April 10, 1884, at
One note for $500 dollars dated April 10. 1884,, at
On. One note for 1900 dollars dated September 6,
1884, at 20 days.
go days.
,oS One note for 1000 dollars dated September 6,
1854, at 60 days.
Also one note executed by the party OF the
t td part to the order of the Calumet Iron and
Steel Company for $l,3lS.53 dollars, dated June
18th, 1884 at four months
Also one draft drawn by SWEET, Qumby & Co.,
OF Troy, New York, upon and accepted by the
party OF the third part for 975 dollars dated Sep
tember -, 1854, al 60 days,
Also one note executed by the party Of the
third part to the order OF Bedford, Knox Com.
pSny tor % 1918 dollars, dated May Goth, 1884
All OF the above notes are held and owned nv
the party OF the first part and are to be surren
dered TO the party Of the third part and party OF
the fourth part, cancelled, and such notes shall
thereupon be mall and void and forever dis
charged
II. An accounting shall be taken Of the steel
tyres actually delivered by the party Of the sec
ond part to the party Of the third part, undercon
1888, including sos thirty-thrce inch tyres hither
to delivered at Garfield Illinois, which tyres shall
be surrendered by the party OF the second part
TO the party OF the fourth part (. o. b. Chicago
free from all liens and charges except the neces.
sary charges OF handling and storing the same
Also lI6 forty-two inch tyres manufactured but
not delivered, which shall be delivered by the
party OF the second part to the party Of the
fourth part free from all liens and charges o. b.
Chicago.
Interest shall be added to the purchase price of
the tyres delivered at per cent per annum com.
mencing to run 80 days after date OF delivery
An accounting shall also be taken Of the mon.
eys borrowed by the party Of the third part and
party OF the fourth part from the party OF the first
part interest to be added at the rate of per cent
per annum.
Also an accounting of the amounts payable hy
the party Of the third part and party ofthe fourth
part on the above described notes, drawn in favor
OF the Calumet Iron Steel Company and Bick.
fnrH knnV n anslG Attft,, h. g ~
drafts, with interest at per cent per annum
from date Of maturity.
An accounting shall also he taken between the
party of the first part and the party OF the third
part in respect OF all dealings OF the party of the
first part as attorney in fact Of the party Of the
third part under power OF attorney dated May
LIST, 1884.
An accounting shall also be taken of the
amounts actually paid to and received by the
party OF the second part on recount Of tyres de-
lvered under the contract heretofore referred to,
to wit
The sum Of 5000 dollars paid january u, 1884.
The sum of 5000 dollars paid February is, 1884
The sum Of 5000 dollars paid February 2, 1884
The sum of 40 dollars paid March 3, 1884,
The sum OF 1900 dollars paid April 81, 1884.
The sum OF 1000 dollars paid August Il, 1854.
To each Of the said payments interest shall be
added at the rate Of per cent per Annum.
Ill. Upon taking such accOuniings MS above
provided, the amounts which shall be found due to
the party ofthe first part and the party OF the sec.
ond part shall be added together and from the
sum total thereof shall be deducted the amount
which shall be found due from the party
OF the first part as such attorney in fact
and the amount which shall be found to have been
paid to the party Of the second part as above de
scrlbed with interest.
". The balance so found shall be paid and
liqnidated and discharged as follows:
The party of the fourth part shall execute and
deliver his four personal prolnissory notes for
the sum Of FIVE thousand dollars each. dated the
10Th day Of January 1885, payable TO the order OF
Charles II. Ferry one year from date or before at
the option Of the maker, with interest at per
cent per annum the amount Of such notes being
in all twenty thousand dollars Said notes shall
be secured by mortgage on the real estate and
machinery belonging 20 the party Of the fourth
part at Arlington, Vermont, and the party of the
fourth part shall duly execute such mortgage
The remainder Of the balance so found. in ex-
cess OF said sum Of twenty thousand dollars shall
be paid by the party Of the fourth part to the par.
ty oil the first part on or before the 10th day of
the party Of the fourth part
pay the remainder of the bal
or before the said 10th lay OF
as security for such indebted.
W the notes secured by mort
Tided) the party Of the fourth
ite TO the party Of the first
$50 3-inch car wheels manu-
~ Of the fourth part and now
3A,1Al,llii.esil " ern1ont, and TO deliver such
wheels to the party of the first part with authori,
ty to sell the same on the conditions hereafter
provided
The party Of the hrst part agrees to produce
the notes above described or any Of them, for
payment, whenever requested by the party OF
the fourth part.
V. On the execution and delivery OF said
promissory notes and mortgages and bill Of sale,
all the debts and obligations Of which an account.
ing shall have been taken as heretofore described
shall be deemed settled and discharged and in
consideration thereof the balance found on such
accounting as above provided shall he payable
by the party of the fourth part to the party Of