The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-05-20
WORCESTER BREWING co
Master May Determine Val
idity of the Mort
cages.

A master to determine the validity OF
the 100000 mortgages upon the Wor-
cester Brewing Company, and the
amounts due the claimants for the pur-
chase price of 100000 which was given
by R. F. Taylor for the new Worcester
Brewery corporation, is now sought in
the superior court. A brief hearing
was held before Judge Hopkins yes
terday afternoon. and he minated that
he would appoint a master when the
counsel interested in the case agree
upon man for such a position.
At the hearing before the court yes
terday, there was distinguished array
of legal talent, with officials of the old
Worcester Brewery Company, embrace
ing Lawyers Frank P. Goulding and
William C. Mellish, who appeared for
the trustee, Albert H. Waite OF the
First National Bank, Col w. S. b. Hop
kins, Frank Buckley Smith and Frank
S. Dresser, representing the Produce
Exchange Trust Company OF New
York, Henry F. Harris, looking after
the interests of several creditors, and
Leander f. Herrick. receiver of the old
company
There was some discussion at first as
to what the nature of the hearing was
to be, and as no evidence was to pc
submitted the court stenographer was
not summoned.
Col. Hopkins said that it is proposed
to investigate Che validity of the mort
cages. I'VE do not come here mere
ly saying So" said Col. Hopkins; 1--WE
propose to do it," The decree of the
court in affirming the sale Of the prop
cray, continued Col. Hopkins held the
mortgages open to attack. want to
say distinctly that we propose to do
this in the proper way and at the
proper time. The vote of the directors
in approving the last mortgage for
$100, 900, was by shares not entitled to
vote, by parties who were under such
| agreements as to render their votes
void There is information that we
have to invalidate the mortgages"
Col Hopkins spoke with special ref
erence to claims of creditors amounting
to $4,000, and this was above the full
amount of the mortgages for 5000, 900.
These mortgages" he said, ''if valid,
take everything, leaving nothing for
outsiders. We are asked to stay by
and let the proceedings go on, but this
we do not propose to do
City Solicitor Arthur P. Rugg, Law
yer Goulding and Col. Hopkins had a
/ discussion as TO what was TO De zone
at the hearing, and then Col. Hopkins
said that he would make the motion to
have the case referred to a master. He
did not desire to postpone proceedings,
"but wanted opportunity to find out by
the records what took place in regard
to the mortgages. We have been sus-
pected of desiring to postpone the mat
ter but we have no desire for delay"
Lawyer Goulding then addressed the
court upon the matter of having hear
! ing to determine the issues in the case
before ne leaves for abroad the latter
part of the month. He said that the
! other side had not denied originally
that there was no consideration re-
ceived for the mortgages, alleging sew
eral other things as regards breach
| of contract, etc.
! He said that the stakeholder had
ratified the placing of the mortgages,
and that it was not necessary to refer
the case to a master. He referred to
the fact that at one time the parties
were nearly all agT eed as to the facts
of the case, when some allegation rose
20 the surface, and the settlement of
the case was afterward out of the
question.