The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-09-12
Reliable Underwear
Co.'s Dividend is
Too Small.
THE BANK is NOT SATISFIED.
A Bill in Equity Has Been
Filed Against the
Trustees.

The Citizens National Bank is not
satisfied with the bankruptcy dividend
of 1873 per cent which it received on
notes to the amount of $4,000 of the Re
liable Underwear Co. when that concern
went into bankruptcy year and half
ago, and has instituted equity proceed
ings to recover on the balance.
bill in equity has been filed by Her
bert Parker and Charles c. Milton. as
counsel for the Citizens bank, against
Grace r. Cook and Henry A Marsh,
trustee under the will of William A.
Denholm. Yesterday Judge Aiken of
Boston granted injunctions which tie
up certain property of Mrs. Cook pend
ing settlement of the case by the court.
first injunction restraints Mrs. Cook
from making any assignment or con-
Veyance, except to the plaintiff of the
Whole or any part of her right, title or
interest in or to the property or estate
held in trust by Henry A Marsh as
trustee under the will of William A.
Denholm. The court also enjoins Marsh
as trustee from paying over to Mrs
Cook or any other person any part of
her distributive share of the fund held
in trust by the trustee, except such part
as may be in excess of enough to pay
the demand of the plaintiff.
At the time the Reliable Underwear
Co. went into insolvency the Citizens
bank alleges it held notes amounting to
$4,000 which were Endorsed by Mrs
Cook and upon which the bank alleges
that a dividend of 1879 per cent has been
paid. The present bill in equity is
brought against the indorser of the
notes to recover the balance. by estab-
iSb ba al1 - 20 l.s -.
have the court order an assignment of
the funds in the hands of the trustee.
Mrs. Cook is a daughter of William A.
Denholm, and Mr.. Marsh is brought
into the case simply as trustee of a
fund which would eventually come into
the hands of Mrs. Cook and which the
injunctions tie up pending the establish
ment of the banks right to the balance
on the notes.
There was a hearing yesterday before
Judge Forbes, on the allowance of the
will of Chester A. Dresser. Judge
Forbes, yesterday, allowed the petition
of Philip w. Moen, as executor of the
estate of Maria G.. Moen, to transfer
certain property to the guardian of
Philip Moen Stimson, in accordance
with a bequest of $1,000 made by Mrs.
Moen. Rice. King & Rice appeared
Tor lne peOllOner.
Susan H. King of Worcester has filed
a libel for separate support against her
husband. c. Howard King, of Shrews-
bury, The grounds are cruel and abu-
sive treatment. There will be a hear
ing before Judge Forbes Oct 8. at
which Sullivan & O'Connell will appear
for Mrs. King.
Michael Valentine, who alleges that
he received personal injuries by the
falling of a portion of a stone wall at
the new court house, has, through his
counsel, Sullivan & O'ConneIl. served
notice of a claim for damages against
the Webb Granite and Construction
Company, in whose employ he was
when the accident occurred.
Alexander II. Bullock, Munson ID
Pardee and e. Bart Johnson. who re-
Gently passed the required examinations
for admission to the bar, will be sworn
in at the supreme court room, Boston
Friday morning.
The following attachment was record
ed yesterday: Joseph f. Breault. An
burn, VS.. Mary L. Richardson. an ac
ton of contract, with ad damnum 5000
Writ served by Constable A. f. Rich
ardson, and returnable in central dis
trict court, Sept. %.