The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-12-06
COURTS.
Complications
Increase
FOR NEW BREWERY.
Heavy Suit BroughtAgainst
Judge Bates.

Further legal complications and
troubles in the settlement of the affairs
of the Worcester Brewery Company
have appeared, and true to it's career
from the beginning, no sooner is one
move made than another follows it in
quick succession.
The new phase in the case came to
light yesterday when a petition was
filed in the superior court from the Of
fee of Hopkins Smith & Hopkins, as
counsel for the Produce Exchange Com
pany of New York, for the discharge
of the receiver of the Worcester Brew
cry Company.
At the time the appointment of
Leander F. Herrick as receiver was
made by Judge Aiken, Lawyer F. b.
Smith, in behalf Of the New York
Produce Exchange, protested against
the appointment, but objection was
overruled and the appointment con-
firmed as prayed for in the bill in
equity filed by Albert H. Waite. trustee
of the mortgages upon the brewery
company.
Several Worcester parties who are
interested for thousands Of dollars in
notes against the company are watch
ing the new developments on the part
of the Produce Exchange Company, as
it is claimed that the Produce Exchange
has become the owner of several prom
issory notes made by the Worcester
Brewing Company prior to the time
the court placed the property of the
brewing company in the hands Of the
lib Frah ,f
the notes was for the sum of $4,000 and
made payable to the order Of the Wor-
cester Brewing Company
With this allegation, the Produce EX-
change wants the court to declare the
first mortgage for 100000 null and
void, for the trustee to deliver up and
cancel bonds to the sum of 100000, to
discharge the mortgage to secure the
same, and further to declare the sec
ond mortgage prematurely bought. For
this reason, the petition is of vital in
terest to the Worcester people who
are concerned
The Produce Company, in its bill of
Intervention, claims to have brought
suit against the Brewing Company be-
fore the plaintiffs bill was filed, and
had attached the property of the said
company.
The Produce Exchange Company
claims the right as creditors of the
Brewing Company to intervene and
deny various allegations of fact and
conclusions Of law set forth in the
plaintiffs bill.
In answer, it says: That the trust
mortgage in the first paragraph of the
plaintiffs bill, as the first mortgage on
the property of the Brewing Company
to be in effect an instrument purport-
ing to be mortgage from the Worces-
ter Brewing Company to Albert H.
Waite. trustee, to secure an issue of
bonds to the amount of 100000 is null
and void and of no effect.
That the purpose and condition of
the mortgage has not been carried out
and performed
That no issue of bonds was ever made
by the Brewing Company
That if it was, it is admitted by the
plaintiffs bill has been made by the
trustee
1t is further admitted that all thebonds
were pledged by the trustee as collater-
al. and this agreement, if true, the in
terVenor claims, is illegal and collu-
siVe, and null and void as against it
or any other general creditor of the
Worcester Brewing Company.
The interVenor denies that there has
been an breach of any condition in the
plaintiffs bill
And further answering, the intervenor
denies that any sum or sums of money
as are set forth in the plaintiffs bill
or are aVerred in general, have been
advanced to the Worcester Brewing
Company by the First National Bank
or Charles Kaester & Co. or Fritz Gotez
and further denies that they are credit
ors of the Worcester Brewing Com
pany
The petitioner begs the court to de-
clare the mortgage null and void, to
order the plaintiff to deliver up and
cancel the bonds to the sum of 800, 900
and discharge the mortgage to secure
the same, and that the court declare
the second mortgage prematurely
brought, and vacate the premises and
dismiss the plaintiffs bill.
Hopkins, Smith & Hopkins for inter
vener: Frank P Goulding, William c.
Mellish appear for Mr.. Waite of the
First National Bank as trustee Black
mer & Vaughan for Mr.. Herrick.