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

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worth much more TO him than any one else; that
the same would not sell at public Auction IN Ar
llnglOn where such machinery is used only by
your orator for a sum nearly equal In value "a
the amount of said machinery. that said property
Is now located in your orators shops in said Ar
lnglOn. ana your orator desires to use the same
10 his business and it he is deprived of the same
Il VIII be greatly To his injury and much more
THAI the value of the properly.
That said personal property so mortgagcd by
your orator to said C. ii. Ferry i Of great value
more than twenty thousand dOllarS-aHd aid
real estate so mortgaget by orator Of more
than ten thousand dollars in value.
10 the end therefore that the said Charles II.
Ferry, the ChicPgO Tyre aud Springs Works Com
paLy, William ID Grannis, the Union National
Bank OF Chicago, The Mltimore Elastic Steel Car
Wheel Company +. NJ. Atkinson aud Daniel z.
feAOOdy and their 'nfederates when discovered,
who are made parties TO this amended bill, may
full, true and perfect answer make to all, and
| singular the premises as fully and completely as
| though they we're particularly Intercepted, and
that an accounting may be herein directed to be
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 upon
such accounting in case any balance is found due
| 10 your orator, that your orator may have u de.
cree therefor against the parties owing the same
or so indebted, and that the said Charles ii. Fer
| ryi the SAID Union National Bank of Chicago, the
SAID william &. ID. Granns may be restrained by
the injunction of this Honorable Court, until such
accounting from assigning or transferring the
aforesaid notes aud chatte mortgage or any or
either oil them to any person, and also from in
| any way selling or interfering with, moving or
| taking away said personal property above de
| scri0ed covered by said Chaltel mortgage or in
any way hindering or interfering with your orator
IN the possession and use thereof or from collect
INF or attempting to collect said notes or either
or any OF them by any suit at law, and that said
| Grannis and said Baak may he restrained aud
ehlplned from further prosecuting said suits at
| law brought IN the name OF said GTaunis against
your orator, and that upon such accounting said
notes M y be deere TO be delivered up and can
ceHtd and said chattle mortgage released and
discharged, and that an accounting may be had
as afo tesaid covering all the matters which are
| open and unsettled between your Orat, r, said
rerryi Atkinson, said Chicago Tyre and Spring
Works and said MiltimOIe Elastic Steel G. ar Whcei
Company, and that your orator may have such
other and further relief in the premises as to your
Honor shall seem meet aud the nature OF this
case may require Aud praying for u writ of i'll
Junction to be directed to SAID defe adants to re.
strain and eninin them aud each of them, their
ana each of their attorneys, agents, oil.
GERS, deputies and servants from in any way inter
lering with, disturbing, selling or offering for sale
or attempting to sell said machinery and her per.
sonal property hCreinbcfOrc desCr. bed mort gagged
| 0y sad GEORGE w, MiltimOre by chattel mortgage
dated the aforesaid 10Th day OF January, A. d.
1888, rhd also from further prosecuting said suits
at law now pending in said Bennington County
EOurt, IN which your orator is defendant and said
william Z. ID. Granuis is plaintiff. And also
praying for subpoena. Said bill and supple
mental bill verified by oath.
MeIn0randuIn 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 MiltlmOre Elastic steCl Car
Mheel company, party OF the third part, and
George w Miltimore, party OF the fourth part
whereas, the above parties are dcsrious of
settling all suits and differences now existing be
| tween them, it is now mutually agreed between
them Ms follows
|. The party of the Grs;part agrees to surrcnd-
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 aud guaranteed by the
party of the fourth part
Que uote for 300 dollars dated May 10th, 1854
at 30 days.
One note for 2OOo dollars dated May 3Oth, 1854
One note for $500 dollars dated May It'll, 1885,
at months
| Also the following notes executed By the party
OF the third part to the order of the parry Of the
second part, guaranteed by one Homer Pennock:
60 days
One note for $500 dollars dated April 10, 1884, at
90 days,
One note for 300 dollars dated April TO- 1854, at
10 days.
One note for 1900 dollars dated September g.
One note for 1900 dollars dated July 80, 1884, at
One note for 1000 dollars dated September e.
1854, at 90 days
Also one note executed by the party of the
third part to the order of the Calumet Iron and
Steel Company for 81 ,3lS.53 dollars, dated June
III.
Also one draft drawn by SWEET, Quimby & CO.,
oil Troy, New York, upon and accepted by the
party OF the third part for 97j dollars, dated Sep
TENDER 20, 1881, al 80 days,
Also one note executed by the marty of the
third part to the order OF BickfOrd, Knox & Com.
pany Tor y! 1918 dollars, dated May Goth, 1851,
at 80 days.
All OF the above notes are held and owned by
the party of the first part aud 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 null ana void ana 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,
tracts executed on or about the I'D day of March,
1883, including sos thirtythroe 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 fOTty'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 by
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.
| ford Knox & Co, and SWEET, Quimby & Co,
drafts, with interest at per cent per Auuum
from date Of maturity.
An accounting shall also be 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, 1854,
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.
iivered 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, 1854.
The sum Of 5000 dollars paid February ?, 1854.
| The sum OF 40 dollars paid March 8, 1851
| The sum OF 1900 dollars paid April 81, 1854
| The sum Of 1000 dollars paid August II, 1854.
To each Of the said payments interest shall be
| added Ut the rate of per cent. per annum.
III. Upon taking such accOuntings AS above
provided, the amOunts which shall be found due to
the party of the first part and the party OF the sec.
ond part shall bc 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
| scrbed with interest.
| ". The balance so found shall be paid and
liquidated and discharged as follows:
The party OF the fourth part shall execute and
IutHNtT HIS lOuI personal pIOlllHSOTl notes Tor
the sum of FIVE thousand dollars each dated the
10th day of January, 1885, payable TO the order Of
Charles H. 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 to 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 OF the first part or before the 10th day of
January, 1886, and the party Of the fourth part
hereby agrees to pay the remainder of the bal
ance so found on or before the said 10th lay OF
January, 1886, add security for such indebted
ness mot including the notes secured by mort
gage as above provided tile party Of the fourth
| part agrees TO execute TO the party of the first
part bill of sale of $50 33.inch car wheels manu-
featured by the party of the fourth part and now
lying in Arlington, Vermont, and to deliver such
wheels TO the party of the first part with authori
5 ty to sell the same on the conditions hereafter
D provided.
!. The party of the first part agrees to produce
= the notes above described or any Of them, fol
2 payment. whenever requested by the party o.
[ the fourth part.
s v On the execution and delivery of sale
promssory notes and mortgages and bill Of sale
all the debts and obligations Of which account
ing shall have been taken as heretofore described
c shall be deemed settled and discharged and il
consideration thereof the balance found on sucl
] accounting as above provided shall be payab,
/ by the party of the fourth part to the party o
, the first part as above agreed.
K VI On the execution and delivery Of the abev
!. described notes and mortgages and bill of sale {,
the party Of the first part all suits now pending
( between any of the parties hereto shall be imme
u diately dismissed, each party paying its Owl
, costs. The party of the first part also agrees t
: procure the immediate dismissal Of any suit nov
pending against the party of the fourth part Of
i account OF the non-payment Of the note hereto
S fore described, drawn to the order Of the Calu
c met Iron and Steel Co., each party paying IL
s own costs