Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-03-16
Arthur ID. Evarts and
A. J. Eastman
VS..
Riverside Condensed
Milk Company
nf Narmnnt
In Chancery,
Addison County,
June Term, 1000.

of Vermont. June Term, 1900
Whereas Arthur d. Evarts ami A. j. East.
man, both of Bristol. in said County. haye
nled their bill in said Court against the
Riverside Condensed Milk Company of Yer.
mont, corporation organized under and
existing by virtue of the laws of the State of
Rhode Island, setting forth that said Evarts
ana Eastman are shareholders in said defend.
ant corporation, owning respectively sixty.
two (G2) and sixty three t6S) shares of the
that they are directors of such corporation;
that said Evarts is the president thereof; that
the capital stock of said corporation is slCO,.
10000, divided into shares of one hundred
dollars $500 each, of which amount five
hundred 5000 shares only have been issued
and subscribed for; that the business of the
defendant corporation consists in the manu-.
facture of condensed milk; that the defend.
ant corporation owns the following described
real estate and water power privileges in
said Bristol, with the appurtenances thereof,
to wit -
beginning at the northeast corner of the
Demsker covered bridge, so called, In said
Bristol, thence northery on the west line of
the highway leading to the village, to the
south line of land ownsd by Napoleon Nc
lntyre being point whore said highway
makes turn bearing eastery. Thence west
erly on said McIntyre's south line TO the
center of the river. Thence sOuther,v follow.
ing the centre of sad river to the north side of
said bridge. Thence eastcrlv ON the line with
the north side Of said bridge to the place of
beginning, aud is all ana the same laad that
was decided TO Evarts ana Eastman by ID. r.
Gaige bv deed dated the lst day of December
y. ID. 1880, ana recorded in said Bristol land
records in book 49, on page 353, reference
thereto being had. Also II certain other par
eel of land in said Bristol bounded On the
north by land Of Henry Butler; oil the cast by
the river and the highway leading from the
main road to Henry But et's house; on the
south by land of Edureid Ilurlbut and the
highway; and on the west by land of Nelson
SantOW ana land Of VIM. =. HOwdcn, and Is
the place that was decided 10 Nathan W.
Drake by Daniel Monroe ana his wife by
dee dated the 23nd day Of May, 1897. Also
"a t1 nf go mi fxff
now On said premises and used IN or about
said premises for the purpose of the man
ufaciurc OF butter and cond nscd milk
said plant were erected at an expense
of seventeen thousa.d five hundred do.
lar. g lNl OOl, and the plant is well fitted
and adapted for cllying on -aid business:
that said corporation conducted its said
business until some tim" in the spring of 1899;
that at the last annual meeting of said cor
poratinn slid Evarts was appoint al business
manager ths rcIl. that he proceeded to mum
age said corporation aud was con 'ucilug II
| for The bo-' interests of the corporation until
May rs. l~n. when TIA. dirtctUr-, TillInghast q,
Clark aud p.d'arl being three directo 8
besides the orators herein, hold directors
meeting AT irut idcnco. Rhode Island, at
which said Ev1r'5 and Eastman were not
present and removed said Evarts as general
manage and appointed in his s'ca' oNt
=. 4. TIL in@Gast; that sail Tin@ha-t took
control Of she 'usine-- atriil- rnl property
of said corporation anA in-'ra OF con;iuttirb
n e. the best aav'n' &c OF sail corporation
as he VI " .igli naye done, said rulu@ba~i
en- irciy refused and neglected to conduct
said business at an ana hls since q at time
allowed MI the properly Of said coronation
to lie idle bringing in no income; hat there
tOforc certain claims had been alleged asain Il
said corporation, ana said corp )ration was
called UPON to adjust said claims ami make
payments thereon 10 the amount f about
SIX thousand dollars (SG,WO or, and at the
said meeting OF the directors ii VI. voted that
the president ana treasurer be authorized to
negOtiute a mortgage on the proneltv of the
| nj t1of inn
any Valid and lawful Indebtedness that after
SAID directors meeting. certain of the above
named cred ors brought suit in the Addison
County Court on their claims, which suits are
stlll pending, and although there are COOL
defenses TO the same the corporation AMI said
Tillinghast ana the directors thereof in
charge of said CORPORATION neglect TO defend
against said claims; that id Clark, treasurer
OF the corporation, brought an action IN the
Addison County Coat against said corpora.
! tiOn claiming eight thousand dollars IS 600 00)
damages; that there is II good ana suflicie t
defense to said action, particularly in that
| the said { ark never paid into the treasury
| the amounts due upon the stock for which he
subscribed, being about forty (l0) shares, and
| that said Clark has in his hands, as said
| orators are Informed and believe, large sums
| of money belonging 10 said corporation
| that sand Clark has also instituted suit in
the name of the sad corporation against the
orator Evarts, to which suit said EvaltS has
| n good defense which he is now maintaining
| in said court, and said suit is still pending
| that said Clark brought his suit az inst the
defendant corporation through his attorney :
j. ". Page of Bristol, Vermont, and one
George Tillinghast of Providence, Rhode
| Island, said attorneys appearing of record in
| said suit i'm said court rs the attorneys of said
Clark, that said Clark caused said suit in the
name of the defendant corporation against
said orator Evarts to he brought through the
same attorneys, who appear in said court as
attorneys in behalf of the defendant corpora.
| ton IN nd litigation against the said orator
| EVart-; that said orators believe all of said
| litigation to be fraudulent and cOllusive
that sald defendant corporation and said
| officers in charge of its affairs employed no
| attorney TO appear in the Interests of said
| corporation, AMI said orators Evtrts and
| Ea ,tman were obliged to ana did cmpluy
| counsel to dcfen against said action. that
said counsel Ohtaincd a continuance of sal |
81 ii to the ID cemb II term of said coutt, and
| had it not been for the effOlts of said orator.
in this behalf said Clark would have taken
judgement by default against said defendant
corporation for said amount that slid
orators Were n ! : o Obliged TO pro
cure counsel and enter in tn 4
suits brought by the claimal Is against said
defendant corporation in sail court; that
such counsel procured said suits to be con
| tinued TO the June term of said court. and
| said suits are now pending; that said Clark
| purchased nj discount of sixty per cent o..
per cent? of their face value claims of var
ious parties alleging damages against said
corporation on account OF the sale of defect
i've milk, including the claims on which suit
had been brought rs aforesaid; that said
Clark obtained written assignments of q
large number OF said claims, including those
on which suit had been brought, to bn made
| to him on the 18th day of October, 1899, said
assignments being procured through his said
attorney, Page; that said claimants who h ID
brought such suits notified their attorney
Torrey + Wales, of Burlington, Vermont, OF
the assignment of said claims and informed
their said attorney that they had no further
interest therein; that said suits were
nevertheless pressed in said court; thai
sand orators Evarts and Eastman were
oblig ed to and did procure counsel to defend
sal | corporation in SAID litigation, which
counsel obtained continuance of said SUIT,
to the June term of said court, where they
are still pending; that had it not been for the
efforts of said orators in this behalf iudg
ment would have been entered against sait
defendant corporation for the full face valu,
OF said claims, that said Clark intends tC
press said claims in full against said corpora
ton for his own benefit, although there ar,
good defenses to said actions; that your sale
orators are informed and believe that sale
Clark, treasurer, has collected a large amour
of money from various debtors of the corpora
tion and instead of applying said money n
the settlement of the suits that have beer
brought against said corporation, and in de