The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-11-08
STATE OF VERMONT. ....
BENNINGTON COUNTY, III NnaHeeIS'

frederick NJ, Atkinson.
The Union National Bank, 4
The Chicago Tyre and Spriug Work, Company,
The NljltImorr Elastic Steel Car Wheel Company |
Daniel p. Peabody.
WHEREAS, George W. Nltimore Of Arlington,
IA the County Of Remington, and State Of Yer
mont hath filed his bill Of complaint, dated the
'th day OF August, A, ID lsS7, against William c.
p. Grannis, Charles H. Ferry and Frederick NJ.
Atkinson, all Of Chicago In the County of Cook
and State of Illinois, the Union National Bank.
d corporation organized under the laws of the
United states ANA doing business AT said Chicago
and the Milt.nurc Elastic Steel Car Wheel Com
n0nyi 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,
Ia the County OF Rutland and state of Vermont.
Am, WHEREAS, said George W. MltmOre
afterwards, To Wit, ON The eth day of August, a.
ID 1891, and before plea, demurrer and answer
med hIcd 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.
1850, certain transactions and matters of business
had taken place between the MiltimOre Elastic
steel Cay Wheel Company, q corporation organ
alton under the laws of the State Of Illinois,
IN winch corporation said Miumurc was
largely Interested as u stOckhuldrrand otherwise,
and the Chicago Tyre and Spring Works Com.
pany, corporation also organized under the
laws Of said State of Illinois, in which last cor
poratinn one Charles H. Ferry, Of Chicago, in the
County of Cook aud State Of Illinois. aud one
Frederick NJ. Atkinson, also Of said Chicago,
were the stockholders and owners.
Aud said Charles u. Ferry, anil your orator,
and one Homer IynupCk, in which, rs it was al
legged, the Niltimurp Elastic Steel Car Wheel
Company Aforesaid, was indebted TO said Chicago
Tyre and Spring Works, and said Charles Ii.
Ferry. to large amount amounting to the sum
Of more than twenty four thousand dollars, or
th'rclhuuts upon notes or paper of said Car
W heel tUUINIIF. held Inv said ia and EuFluW
Works Company, or by said Forty, and on nc
count of tyres sold by said Tyre and Spring
Works Company to said Car Wheel Company, and
said Ferry was indebted 10 said Car Wheel Com
plny ON certain unsettled matters for moneys
collected and received by sud Ferry as the attor
uey of said Car Wheel Company, or otherwise,
ana there were certain unsettled matters Of ac-
count between said parties.
Thar, on ornbuut said 18th day Of January, A.
y. lNS', settlement aud agreement between said
] rirl' the Chicago Tyre aut spring Works Conn
puny, the Miltmorc Elastic steel Car Wheel Com.
puuy, and George W. 1liltmOrc, was made, bear
ing date the day and year last mentioned. in and
10y which agreement ID was agreed that an &c
counting should Dee taken Of the steel tyres ac
tually delivered by sail Spring Works Company
TO said Car Wheel Company under certain con
tracts therein mentioned, including sos thirty
tnrec inch tyres tu be surrendered 10y said Spring
works To SaiI Miiimgre, aud llJ forty TWO inch
tyres 10 Toe delivered by said Spring Works to
said Mi'lmur", as I'm -1ii contract provided.
AuuWsu1n accounting Ulamuuuts which should
be found due or bprr we'd by said Car Vince
Company and MilUmarr from said Ferry, and
also AN accounting of the amounts PAYABLE by
said Car Wheel Company aud said Alilumore ON
certain papers drawn la favor of ia" Calumet
ron and Steel Company, and BickiOrd, Knox and
Company, aud SWEET puimhy and Company and
also an acc uniting between said Ferry and said
car w heel Company, zoe respect o! all dealings Of
said Ferry as attorney 10 fact Of said Car Wheel
company under HIuuer OF attorney dated MAY
LIST, 1854, Also AN accounting OF the amounts ac-
f1IuIIN tTlI To and lktI Inv .uil Nbrufr
Company "n account uf tyres delivered underline
contracts therein referred TO. And that uron
rocl ,'r'Wln@ i4c amounts which should be
found due jU said Ferry and aid Spring Works
should bee added together aud from the sum total
thereof should Dos deducted the amount which
should bu fumd duy from said Ferry as such Mt.
lwngF DO Tact, and ih" amount which should
be found 90 have been paid 10 said Spring
Works, wiHjntorc-f, u- provided 100 said contract:
and that til' balance $50 found due should he liu.
u. lated and discharged as follows
mat sand Nllmpgc should execute and deliver
his four uruW'ssury notes, dated the 10Th day OF
january .. u, 1855, payable 90 the order of said
Ferry, ON, year from ouu, or before. 40 the option
of the mgtgp with interest 900 four per cent Der
nuum iHr amount Of said notes to be in all
twenty thousand dollars aud that said notes
should be secured hy % mortgage ON the real es.
tate and machinery belonging 10 said Miltimore
Your orator, lrratud i'm Arlington, bennington
County, vermont, and that your orator should
duly vNurut" said mortgages. And that the re-
mlludrr DI luH balance, il any $40 ipuud in excess
of said sum of twenty thousand dollars, should be
paid by your orator tO said Ferry. And said con.
Ius fp other matters L.tyyr.u s.,iI ,r,is '' ar
som" uI tInu. not material in this cause o. nee
nssaIN lp l." Inserted here. All OI which matters
and the terms and provisions of said
ouugcf viii pnr..l. from tIi, s,i,I r,nfi,oc, ,c"r
To he herein lru' lua.d by v,,,r nr,tor =, hn ~
uaIr.I. and ynuT orator raI.rs D., tLr 80, ,mI
makes snlI contract part Of this, your orators
1'"'a9'N hIu, ann.N'H copy thereof hereto, and
certainty .s To- Aha, form. fG.r.nr 7'''''''
That iii ul -liI lII..,.. a fu,l Int ,I,,, r. ,,l;I
your orator wgs by snif n,rrc,,,,rrt ~ ,,i,,, i,i
notes or which n ,y, uroyiIa,l u sJ .,,,,,,,mi
that he should paw, was the indrbtcdrrSs Of tbS
Nlitiuunrr EI,tifr s,f..I C,r Viii E,,,,, 'r'
aforesaid aud mai ii,, iu Iht,l,., 49, 80, ','l"uo
t1r as was well know. tn tl,. .aid t,hi,.,,, ~
and -pru,r Norss and fl. said MI. II t'r,.
M the lime and Ln,., -I. ,,', ', iCS 49, err!
.rat.t Lrr,inLptnrc ,,i,p,int,nI 7 "'" wi"
Tb5f he did male ,.gr,,it. ,r.I ,l..II,.. a., s
notes for ill, sriu or iv, tbnus,nd
luIlar. rar.l tp ih. ..iI rI,.rrI II i'. i'
luu uayaLIr ms rr,y al I'm s',I ,,,t.,S "a'E"
dated the IUfu ,I,,, rf I,uuar,. A IN So
,uyuII. am or L,,,,r ma ,.. ,c i,,,' . ~
order of safI Ferry. al. did yrrut i rt'.'
sg 10 secure lb. .ru.,f nf s,,,I 80, V' ~,
niu r,Ji p.taf, If ,. ,I,in,,. nm, W w. i IVA
.ouf.t as ir,,i,I,, Il 49,, iii ,, y, ~ aa !i
-,, in giyrr upon ri r,t,, s,tiiili,,d
in Arlington aforesaid, which belonged 10 your
orator and described MS follows in suid ,ynrt
gaze
Bounded ON tip north by fine lime l.oJi,g from |
he Nam Street ian ArlIuvuu yiIloua bnt,scsr mo
iwcIling houses OF d. ". Elmore and NJ. ii Dem |
me, to the lailroal rasi Inv thp Eruniu,rt,n and
l;utInpr railroad spnfhpfly h,. tLn Gi,h,.a,. |
LENDING from fla r1tIrng, Irpt i'm soil ,riingtGy
westerly ra.t thr dwelling Lous.. nrC r. ViIni |
and George Holden to said Main street. and by |
lands of Iar-s Turi and ,,cstrr, I, i ,','' y, -,
I, n N,ouIt lands ,,., ,Iti,I b,, C,,,,ts & 1870,
.ioIlsr I,u,ls or gi,f. I,2 sI ''t' 1''"' ~
rConuor. lands of l. II. Cauncld and lands OF |