The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-11-01

llht sAlu NnlGhkO Tyre anu Oprlng W. fkN the
owned and possessed large amount OfgOOdS an
chattels, situated in said County OF Cook, col
sisting of machinery and tools for the manuiaC
ute OF tyres and ear springs, and laige amour
OF manufactured tyres aud springs aud larg
amount Of uncompetedtyres and springs and
large amount OF steel blooms and ingOts and ma
teTialf for the manufacture Of tyres and spring,
and othel goods and chattels upon all OF whic
the said Union National Bank OF Chicago acquire
by said Judgment and writ of feri JdcidS a frs
and prior lien as aforesaid, TO secure the paymer
thereof.
That said goods and chattels were at the time
when said writ of execution was sued out and de
liYered to said Sheriff as aforesaid. and still ar
of great value, and Of the value OF fifty thousan
dollars and upwards.
That the precise description of the said good
and chattels is TO " ur orator unknown, but iron
the answer of defendants hereto, and on the heal
ing hereof will more fully appear upon iniorma
ton and belief
That after the said writ Of execution was so sue,
out and delivered to said Sheriff, and on OF abou
the date last mentioned the said Union Nationa
Bank ofChicago by its solicitor, directed the SAT-
sheriff to return the said execution unsatisted
and the said Sheriff thereupon did return the SAT-
writ OfeNecution in no part satisfied.
That by the laws of said State Of Illinois then an,
now in force, it is provided that in case and ate
a writ of execution issued upon judgment in
court of record has been returned unsatisfed, tn,
Judgment creditor in whose favor such judgmen
is rendered may file in said court his creditor
bill against his Judgment debtor to reach and ex
ment debtor to satisfy the amount due upon hi
| said judgment.
That the said Union National Bank of Chicago
directed and procured the said writ Of execution
to be returned in no part satisfied to enable Il an'
with the purpose ct its filing a creditors bill a
Aforesaid.
That after the return of said execution rs afore
said and on or ABOUT the date last mentioned thu
SAID Union National Bank OF Chicago did file II
said Superior Court OF Cook County on the Chan
Gerry side thereof the creditors bill against salt
Chicago Tyre and Spring Works Company, alieg
| ing therein, among other things, the recovery o
the said Judgment and the issuing and return
| unsaished of said execution as aforesaid ant
that said Judgment was in full force and in NJ
part satisfied, and ainong other things also al
| leging aud discovering that said hicago Tyr
and Spring Works had a large amount OF proper
ty, assets, things in action, book accounts aut
moneySdue and owing to II, and equitable inter
ests and estate which said bank had been unabl,
| to reach by execution, and which ought to be ap
piled to the satisfaction OF said Judgment, ant
praying among other things for discovery
| thereof and to reach the same, and for lteI
thereon and for decree sequestering or apply
ing the same to the payment of sand judgment
| and for the appointment of receiver OF the prop
erty, estate and the equitable interests, assets anC
effects of the said Chicago Tyre aud spring
| Works, AS by copy Of said bill, ready 10 be pro
duced herein will more fully appear.
| That such further proceedings were afterwards
had in said last named court in said suit last men
toned, that on the motion of the said bank by III
| 6oINltOl anu ny lut appearance anu NuhSsh
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 aCtiOnrightS
credits and effects, in said last mentioned suit
| with all the powers Of receivers in such cases
| according to the course and practice OF Chancery
and said stephens thereupOn accepted said re
| ceiverShip and qualified aud took upon himsel
| the same, and that shortly afterwards and on o.
about the - day of February, A. ID. 1887, sucl
| further proceedings were had in said last men
toned suit and court, that under and pursuant tC
| the order of said Superior Court the said Chicago
| Tyre and Spring Works did execute its writer
assignment to said receiver, and did assign, trans
| fer, and set over anu deliver unto the said re-
ceiver all its property, real and personal assets
equitable interests, things IN action, rights cred
its 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 OF the state Of Illinois
| a Judgment creditor, who files his creditors bill
US aforesaid and thereupOn obtain the appoint
ment of a receiver Of his Judgment debtor, there
/ by obtains lien oil all the property, assets
moneys equitable interests, things in action
rights, credits and effects which upon his appoint
| meDt came to the hands of said receiver or are
| discovered ON said bill
That at the time Of the appointment of said
receiver said Chicago Tyre and Spring Works held
and owned a 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
| Bank of hiCagO, hy its said creditors bill and
\ the proceedings thereon acquired and now has q
first and superior lien upon all the property, real
| and parsona assets, moneys, equitable INTEREST
aud things in action, rights, credits and effects OF
| the said Chicago Tyre and Spring Works to Sc
| cure tho same Indebtedness of said Spring Works
to secure which 1t claims to hold said notes and
| mortgages,
That said property, assets, moneys, equitable
interests and things in action, upon which sale
| n a alleged
| debtedneSs Of said Chicago Tyre and Spring
| Works to II amounts to more than the said in
debtedness by largo amount and TO more thar
| the sum OF one hundred aud fifty thousand dol
| lars and to the sum Of two hundred thousand
| dollars or thereabouts which came to the hands
of such receiver.
That the same is situated in the said County Of
| [ ook and State of Illinois and that the same |.
ample and sufficient to pay the said bank its saiC
alleged claim against the said Chicago Tyre ant
Spring Works.
That said bank and said Chicago Tyre ant
Sping Works are both corporations hayng thei
pfipcipal offices aud places Of business in tn,
| City Of Chicago in said County OF Cook and Stat,
Of illinois, aud that said Ferry is resident ofsail
| County aud State last mentioned, and without
| the jurisdiction and process Of the courts OF th
State in any action at law, and has no property
| within the State of Vermont and the said Chi
cago Tyre aud Spring Works Company is wholly
| insolvent.
That after the said appointment of said recciv
er and on or about the - day Of April, A. d
1887, one William IL. Ferry, rs trustee, recovered
| Judgment or Judgments in SAID Superior Court o
| Cook County against said Tyre anu Sprinl
Works by confession for the sum offifiy thOusaLl
| dollars or Whereabouts, and sued out execution
| and procured the same 20 be returned III no part
satisfied, and thereupon filed his creditors bill
| against said Tyre and Spring Works IN said las
named court thereon and procured thereon al
order making said Stephens receiver of said Tyr
| and Spring Works, or extending said receivershiI
| so as to include said last mentioned suit.
. -
acquired a lien upon all the property, assets, ant
estate Of said Tyre and Spring Works, snLOrdinat,
to the lien in favor of said Union National Banl
| Of Chicago.
That said WlliaS II Ferry is trustee for sal,
Charles ii. Ferry, who is the real owner of salt
last mentioned Judgment.
| That even il said bank were the bOHd fde hold
er OF said notes Of your orator, said bank will no
be prejudced If II be required to collect its sai(
claim out of the said property and assets Of ii
principal debtor the said Chicago Tyre ant
Spring Works, upon which it has such lien ant
which is in said state of Illinois, or to exhaust tn
| same before coming upon your orator, while you
orator will be entirely unable to enforce his CLAIM
| against said Chicago Tyre and Spring Works, Of
| out of its property on. account of its insolvency
upon information and belief.
| That said assignment or pretended assignment
of said mortgages and notes of your orator wer
made on the part of said Ferry and said Granni
and said bank in fraud Of the rights of your orator
and to prevent your orator having said account
piled upon and in payment Of his said notes ant
10 prevent his making any defence thereto,
That said Ferry and said bank and said Gran
mis- cOntriving and confederating together wrong
fully, and uniustly pretend to your orator an
allege and pretend that the full amount Of sal
four notes is still due and owing.
That the two suits at law brought against you
orator by said bank and said Grannis, at the il
stigatinn Of SAID Charles IL Ferry as aforesaid
on the said notes of your orator, were brought b
the procurement Of said Ferry in the name OF sal
GrAnnis, retuTnable before the December tern
1886, Of the Bennington County Court, and upO
them the said Ferry procured a large amount I
PERSONA property to be attached,
| That at said term of said court your orator file
his affidaYits Of defense in each OF said cause
. and no further proceeding have been had thereon
, but the same are still pending in said Bennngto
County Court.
That with the consent and co operation Of sal
bank and said Grannls, aud acting in cOllusio
with them said Ferry, on or about the first da
of December A. d. 1856, placed said mort gage
said personal property so given by your orator
him. the said Charles II. Ferry as aforesaid
! the hands of the defendant, Daniel 7. Peabod
then and still Sheriff Of the County Of Rutland
the State OF Vermont, with directions to him,
such Sheriff, to sell said personal property
: described in said chattel mortgage, at public au
! ton, In accordance with u c law OF this State
latlng to the foreclosure of chattel mortgages {
personal property and apply the proceeds there
i on said four notes so given by your orator
= aforesaid,
That SAID PEABODY, as auch Sherin, pursuant
3 said order aud direction Of said Z. Ii. Ferry, a
4 vertised said property under said mortgage to
! sold at public auction TO the highest bidder,
4 That he has from tune 10 time adjourned sa
a sale, aud the same now stands adjourned un
u the 10th day of August, A, d. 1887, and threaten
and the said Z. IL. Ferry, Grannis and said ban
, threaten TO sell said property under said moi
u gage public auction to the highest bidder, pu
suant TO said adjournment on said 10Th day
August, A. ID. 1857, and take said property fro
! your orator and out OF his possession and contrC
z and your orator fears they will do so, unless rt
trained by this Honorable Court.
I, That by the terms Of said mortgage Of said re
estate 80 given by your orator to the said Charl
u II Ferry to secure said notes Of your orator, q
Z machinery covered by said chattel mortgage W
In, -