The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1894-03-16
LEGAL NOTICES
GTA1E of Vermont Bennington County So.
- IN CHANCERY.
ANNIE g STR ING,

mont, Ia flrd in the office # the clerk Of the
Cont OF Chancery within a. for the county Of
Benninqton aforesaid. her bill of complaint
arninst Thomas w. Mdoney of Rutland, in the
county f Rn'Aud ana state Cf Vermont and Will
liaul IL A.bertsnn of Worcester, in the county of
Worcester and Commonwealth of Massachusetts
IN substance complaining ard setting forth in said
bill of complaint;
That during the year 1888 and prior thereto
The LYMAN Sirnug Company, corporation
ganized under the laws of the State Of Ohio, and
having its principal pllce of business in the city
OF Cleveland in said State, was engaged in the
business 0t buying, SELF q and working marble;
that 1t becam" necessary for said corporation
from time to lime to borrow money; that in the
year 1888 its credit was impaired aud during that
Year or before il applied petitioner to sist it
by lending 1t her name and credit and petitioner
believing said corporation TO be solvent con
scented So To do aud on the first day of September.
1883; at the special request of sad corpor alton
solely for its benefit and without any ronsdera
ton for doing she signed note of S .24l a.
payable to its order ut The Union National Bank
Clevtl land Ohio. pay able four months fer due
ana delivered the same to said corporation. who
received ana endorsed it, and as petitioner is in
formed and elieves,dsposed Of it TO raise money
t"r ITS use or to purchase marble or pay its III
debtedness.
That afterwards at the libe special request of
said CORPORATION and solely fer It's benefit, Without
any consideration for so 90 ng, said etitiOner
signed two other notes payable to its order. One
of said notes was given for S.13lH dated the
18th day of September, 1888, payable -four months
after date at the Union National Bank Cleveland
Ono; the other note given for 81 42S dated
the oath day Of October, 1888. payable two months
after date at the Union National Bank Cleveland,
Ohio: said notes at time of their respective dates
petitioner delivered to said corporation who en- o
doris the same said pet iuncr is Informed
ana believes, and disposed thereof for its own
benefit. either IN purchasing ma bic raising
money for its business or paying lis indebted
ness.
And petitioner therein says that she signed said
notes wholly as an accommodation to said cor
poratiOn. being in no wise indebted to it. hut it
was indebted to said petit that she did not
know the legal effects of her acts, and that they
implied an indebtedness on her part, but say that
wnen she signed them said corporation assured
her she would never he called uDon to pay them
and promised her it would pay and take care Of
them when due: and that sad petitioner relied
upon its assurances and promises.
But petitioner further says she now believes
that sa d corporal on procured her to sign said
notes instead Designing them itself and procured
her 10 endorse them that It might improve its
credit and mOre readi use and dispose of tuem
And petitioner further states that afterwards
and before the l2th DAY OF Februar, 1859, said
| three notes came into the hands and possession
OF one William X Aloertson OF the city of Worcts-
term the State of Massachusetts and he then be-
came the holder and owner thereof.
And said bill OF complaint further shows that
on or about the l2th day of Febru 'ry 1889, aud
after said abortion so became the owner and
holder there Of he pl ed sad notes in the hands
Of f NJ. Butler and Thomas W. Malonev part
neTs under the firm name OF cutler a. MalOnsy OF
Rutland in he County of RutaHd, attorneys at
law. for collection, and directed them to sue and
coll c. the same. That upon the 18th day of Feb
ruary, 1879 said Builder & MuOncy as attorneys
for said Al ertsOn, brought suit at law against
| said petitioner up N said three notes and to
c0ver the amount of the same from her r-turnG-
! bic at the March Term, 1889, of Ru land County
| Court: that the writ was dnly served AID r. =
turned in saih Court, and such proceedings were
had that at the September Term 1889 of said court
judgment was obi lined against petit ner hereOu
Tor the of So 925 So damages, and $50 St. COSTS
And petitioner further saws that said suit was
| brought by SAID Butler & Nal ,nsy by dirpc
ton of the said AlbertSOn and for his benefit, and
said Judgment belonged to him and he was the
! sole owner hereof.
And petitioner further says that when sa ut
| Ter & Mal0ney brought said suit in order that it
mgf lie trUught in Rutland County Court. they
brought ii in the name of Thomas w. MalOney,
and said judgment was obtained ami now stands
| of record in his name.
And petitioner further shows that in the year
| 1855 said The Lyman Strong Company became
! Financially embarrassed and all its property in
the State Of Ohio Of the vaine OF $40 900 and more
passed into the hands of trustee for the benefit Of
! The creditors of said company.
That after its property so passed into the hands
| of saiO trustee negotiations were entered int be-
tween sad The lyman Strong Company and
nearly all in amount of its creditors whereby
| compromise was affected by the terms OF which
said edi ors were paid certain per cent of their
| claims against said company, and such of said
creditors entering into said compromise in con-
sldrratiCn at said per cent beiig paid to them and
that the others of said creditors should a SO re-
lease and discharge their i'll claims against said
company, aud i'll further consideration that Ma
tilda shepard, tue mother of said petitioner, who
he a large claim against said company secured
by mortgage upon all its proue ty situated in
SAID Cleveland released large amour of Ter
said clam and surrendered her mortgage security
in order that said company might raise funds
to nav SAID coDprOms Sc, accepted he amount so
! aid him or her in tu payment OF his or her
claim against said Company and surrendered,
assigned and released said claim
That the said AlbertsOn at the time of said com
promise held and owned claim against said The
LYMAN Strong Company of Sl7 200 and interest.
including said notes upon which said Judgment
had been obtained rail- st petitioners tibet in con-
sid-ration of the sum of So 100 66 TO him paid by
sac company and for the further consideration
above expressed rele lsed his sa d claim against
said company and against petitioner ard accept
ed the SUI" Of ,le0 60 from said COMPANY in full
payment of the same both against petitioner
and said company.
That said Alherison at the time h. entered in o
said compromise and accepted said sum of ST.
$50 66 in payment Of his CLAIM, well knew that the
debt represented by said notes and judgmentwss
the debt of The Lyman Strong Company and
that as between petitioner and said company it
belonged tn said company to pay. and that petit
toner sig led id notes accumulation to
said company, and he received in payment for his
said claim q larger per cent thereon than the
secured creditors Of said company by reason of
the liability of petitioner to pay said notes and
Judgment rendered thereon.
That The Lyman Strong Company in consid- ra-
ton that Albertson should release not only it, but
petitioner paid him larger per cent OH his
said claim than it did its unsecured creditors as
Albertson W, II knew when he so released his said
claim And the said Matilda Shepard when she
so surrendered ner mortgage security did so that
the said claim against petitioner might be dis
charged as Albertson well knew when he released
his claim against her and said company.
And further showing that Wien said comprO-
mise settlement was effected il was carried out
by said creditors entering into it and each ofthem,
including AlbertsOn, assigning their respective
tin Stevens and he upon such assignment paid
said creditors their per cent of their said claims.
which money so paid by him he received of said
trustee who obtained it from the said assets of
said company. That upon receiving said assign
ment from and paying said per cent to said cred
itOrs said Stevens ciptcd said claims in full to
said Trustee
That said Trustee was appointed by the Pro.
bate Court In the Dis riot of OHIO, a court having
jurisdiction in the premises that said settlement
wqs ffec;ed and carried out by and With ITS con
sent and approval,
That pursuant to the terms of said COMPROMISE
settlement said Trustee on the 18th day of June,
1892, paid to said AlbertsOn, through his attor-
ney the sum of $3.50 90, and he on the same day
by his att orneys executed ON his part an assign
lows, viz: Tin consideration OF $3.50 &C received
"to my full satisfaction Of Austin Stevens, here
"by sell, assign and transfer absolutely to- said
"Stevens my entire claim against The Lyman
"Srong Company amounting TO Sl72J0 10 and int.
land all my rights, titles and interest therein and
further agree to cancel and discharge all iudg-
"ments in my favor and against said company or
Fanny G. S. Strong. aud to surrender all notes,
"Wm. r Albertson