Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-03-30
Arthur ID. Evarts and
A. j. Eastman
vs..
Riverside Condensed
MIX Company
of Vermont.
In Chancery,
Addison County,

klNerside Condensed Milk COnpanV OF Yer
mont, corporation organized under and
existing by virtue of the laws of the STATE of
Rhode Island, setting forth that said Fvarts
anu Eastman are Shareholders in said defend
lnu corporation, owning respectively sixty
Two (62) and sixty three td}j shares of the
capital stock thereof. being fully maid for /.
thal they are directors of such corporation; ;
mat SAD Evarts is the president thereof; that
the capital stock of said corporation is slC0
OOOOO divided into shares of one hundred
dollars $500 each, of which amount five
hundred (10O) shares only have been Issued
ana subscriDed for; tn 1t the business of the
ueiehuant corporation consists in the mann
1acture OF condensed milk; that the defend
am corporation owns the following described
real estate and water power privileges i'm
SAID Bristol, with the appureuances thereof
to wit -
beginning at the northeast corner of the
ipeinsker covered bridge, 20 called In said
Bristol, thence norherlv on the west line of
the highway leading to the village to the
south lin" of land ownrd by Napoleon Nc
IntVre being point where said highway
makes iurn bon ing rnstery. Thence west.
cry on sald MclntNrc's south line to the
cenicr OF the river. Thence Southcrv follow
ing me centre of sad rivertO the north side of
said bridge. Thence ci~trrlV on tb, limo with
the north side of said bri lg, to fine nlocn Of
beginning, and is all ana the same la al TINT
was decided to EV4rts ana Eastman bv D r.
Gauge Nv deed dated the l~t dnV of Eecnfuber
y. u. $40, ana reco Died i'm said Bristol land
records in book 10. ON page 3i}. rofprrnro
thereto being had. Also a certain other par.
eel OF lNnd in said Bristol, bounded on fhn
north by band of Henry Butler; on the east Nv
;he river and the highway leading from The
main road to Henry But ec's house; on the
south by land of Elureid Hurlbut and the
highway; and on the vast by land of Nelson
Santow ana land of WIN. ;. Huwden. and IS
ihe place That was decided 10 Nathan W.
Drake by DANIEL Monroe ana hi. wife by
dee dated the 22nl day of May, 1891. Also
all articles of machinery, tools ANA fixtures
now on said premises and used I'M or about
slid premises for the purpose of the man.
ufacture of butter and condensed milk"
lmu Ihe buildings ana machinery ON
OF seventeen thousand five hundred dol
lars 81 500 00l, ana the plant j. well fitted
ana adapted for Crying on said business
that SAID corporation conducted it- said
business until some time in the spring of lSg1:
that at the last annual meeting of said cor
poratlon slld Evarts was appointed business
manager thereof: that ne proceeded to man
age said corporation aud was conflicting il
for the best interests of the corporation until
May III, lotl when the directors, Tillnghast,
CArk ana O'N"ara, being ;hrcc dirccto
besides the orators herein, held a directors,
meeting at Providence, Rhode Island nt
which said tvarts and Eastman were not
present, ana removed said EvHrt- a. general
manager and appointed i'm his strai one
+. v. liliinghast, that said TimghaSt took
control of the business affairs and property
OF said corporation and instead of conducting
II to the best advantage of said corporation
a. ne well might hHYe done, said rillinghn,t
entirely refused ana neglected to conduct
said business AT all ana has since II nt tinn
allowed alt the property of said corporation
10 ne ldle bringing in no income. that there
SAID corporation, amt sald corporation was
called upon to adjust said claims ana make
payments thereon to the amount If about
SIX thousand dollars (SGOOu OJl and at the
SAID meeting OF the directors il was voted that
the president and treasurer be authorized to
negotiate mortgage on the property of the
corporation for the purpose of liqnidatinu
any valid and lawful Indebtedness: that after
sald directors meeting. certain of the above
named creditors Droug nj suit in the Addison
county Court ON their claims, which suits are
stu pending, and although there are COOL
meichses TO the same the corporation and said
lllllhghast and the directors thereof in
charge of said corporation neglect to defend
against SAID claims; that said Clark, treasurer
or the corporation, brought an action in the
Addison County Court against said corpora.
non claiming eight thousand dollars - 600 OO)
damages; that there is Il good and sufficient
defense TO said action, particularly in that
the said L ark never paid into the trea -urv
the amounts due UPON the stock for which he
subscribed, being about forty (4O) shares and
thct SAID Clark has in his hands, as said
orators are informed and believe large sums
OF money belonging TO said corporation;
that sad Clark has also instituted n suit i'm
the name OF the sad corporation against the
orator Evarts, to which suit said EVatts has
a good defense which he is now maintaining
in said court, and said suit is still nendinp:
that said Clark brought his suit against the
defendant corporation through his attorneys
j. W. Page of Bristol, Vermont, ana one
George 1illinghast of Providence Rhode
Island, SAID ATTORNEYS appearing of record in
sali sun IN SAID court as 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 throuph the
same attorneys. who appear in said court as
attorneys in behalf of the defendant corpora.
non IN slid litigation against the said orator
EVart-; that said orators believe all of said
htigation to be fraudulent and colusive;
that sad defendant corporation and said
officers in chargr of lis affairs employed no
attorney To appear in the Interests of said
corporation, ana said orators Evarts and
Ia 'tman were Obliged to and did employ
counsel to defeni against said action; that
n "a frn.a.
suit to the December term of said cOu-t I, and
had II not been for the efforts of said orators
in This behalf said Clark would have taken
Judgement by default " tinst said defendant
corporation for said amount. that : lid
orators were 80 obliged to pro.
euro counsel and enter in tn e
SUITS brought by the claimant = against said
defendant corporation in said court: that
such counsel procured said suits to be con.
timed to the June term of said col~-Srd
slld suits are now pending; that said lAtrk
purchased at discount of sixty per cek $50
per cent? OF their face value claims 81 var.
ious parties alleging damages ax<nst said
corporation on account of the sale of defect
i've milk, including the Chains on which suit
hnd been brought rs aforesaid; that said
ciurk oDialneu written assignments of a
large number OF said claims. including those
on which suit had been brought to be made
10 hl'n on the leth day of October, lsg9 said
assignments being procured through his said
attorney, Page; that said claimants who md
brought such suits notified their attorney
Iorrey +. Wales, of Burlington, Vermont. of
their said attorney that they had no further
interest therein; that said suits were
nevertheless pressed in said court, that
said orators EvartS and Eastman were
oDlie cd ~ and did prOcur counsel to defend
sal corporation in sand litigation, which
counsel obtained "A continuance of said suits
to the Juno term of said court. where they
are -till pending; that had il NOT been for the
Efforts of said orators i'm this behalf iudg
ment would have been entered against said
defendant corporation for the full face Value
OF said claims; that said Clark intends to
press SAID claims i'm fan against said cOrpora-
ton Tor his own benefit although there are
gooi detcnscs to said actions, that your said
orators are Informed and believe that said
Clark, treasurer has collected n large amount
OF money from various debtors of the corpOra.
uon' ana instead OF applying said money I'm
me settlement OF the suits that have been
brought against said corporation, and iu dc.
ieu~e thereof, holds said funds for his own
use hnd To apply ON the claims that ne alleges
against said corporation, that aid defend.
ant corporation ncgects To collect said sums
from said Clnril that sand Clark has refused
10 execute ana negotiate "a mortgage ON the
properly of the said corporation for the pur-
pos" OF pay iu- the debts thereof. bur ian stead
ihei'ui mas proposed 10 execute SAID mort.