Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-03-23
Arthur u. Evarts AMI
A. j. Eastman
Va.
Riverside Condensed
MIX Company
of Vermont.
In Chancery,
Addison County,

|
OF vermont. June Term, 1900.
Whereas Arthur ID. Evarts and A. T. East
man, both of Bristol, in said County. have
filed their bill in said Court against the
Riverside Condensed Milk Company Of Yer.
mont, a 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 (62) and sixty three (G3) shares of the
capital stock thereof, being fully paid for;
mat they are di' ectOrs of such corporation
that snfd Evarts Is the president thereof; that
the capital stock of said corporation Is SlO0,.
900 co. divided into shares of one hundred
dollars $500 each, of which amount five
hundred 5000 shares only have been issued
and subscribed for; tn 1t 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
sald BRISTOL with the appurtenances thereof.
to wit =
beginning at the northea corner of the
Demsker covered bridge, so called, in said
Bristol, thence northerly on the west line of
the highway leading to the village, to the
south line of lihd nsd by Napoleon Nc
Intyre being point where said highway
makes a turn beaiing easterly 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 ensteilv on the line with
the north side of said bridge TO the place of
beginning, and is all and the same lahd that
was decided to Evarts ana Eastman by ID II.
Gaige by deed dated the LIST day of December
A. ID. $780, and recorded i'm said Bristol land
records in book 10, on page 1853, reference
thereto being had. Also n certain other par.
Gel of land in said Bristol bounded IN the
north by land of Henry Bntler; on the east by
the river and the highway leading from the
maiu road to Henry But ers house; on the
south by land of E1ureid nurlburt and the
highway; and on the w@st by land of Nelson
SantOw AMI land of WIN. :. Howden, aud Is
the place that was decided 10 Nathan w.
Drake by Daniel Monroe and his wife bv
dee Il dated the 22nd day Of Nay, 1897. Also
n m N Al
now on said premises and used IN or about
SAID premises for the purpose of the man
ufacture of butter and condensed mix"
that the buildings ana machinery on
said plant were erected Mt an expense
of seventeen thnusa 1t five hundred dol
lars (Sl7 800 COY, and the plant Is well fitted
and adapted for clrying on said business
that said corporation conducted its said
business until some time ia the spring of 1882
that Mt the last annual meeting of said cor
poration said Evarts was appointed business
manager ereof; that he proceeded to man
age said corporation aud was con 'ucting it
for the best interests of the corporation until
May 49, 1892 when the directors, Tillinghast
Clerk and on ara, being three drecto 5
besides the orators herein, held Il directors
meeting at Prov idencc, Rhode Island, at
which said Evarts and Eastman were NOT
present, and removed sail Evarts ~ general
managcr AMI appointed in his steal one
+. v. Til inghast; that sail Tilnnghast took
control of The business affairs and prone "
of said corporation ana instead of cOnduciinn
1t to the best advantage of said corporation
entirely refused amt neglected to conduct
said business nj all ana has since Il mt time
allowed all the property of said corporation
TO lie idle pringtng in no income; That there
tofore certain cl limS had been alleged again L
said corporation, and SAID corporation was
called upon to Adjust said claims and make
six Thousand dollars (S6,0c0 O0> and ut the
said meeting of the directors it was voted that
the president and treasurer he authorized to
negotiate mortgage on the propert, of the
corporation for the purpose of liquilating
any valid and lawful indebtedness: that after
sad directors meeting. ceftHi of the above
named creditors broug ut suit in the Addison
County Court on their claim-, which suits are
stu pending, and althouih there are good
defen-e7 to the same the corporation ana said
Tlllinghast and the directors thereof in
charge of said corporation neglect to defend
again t said claims; that id Clark. treasurer
or the corporation. brought an action IN the
Addt son County Coat against said corpora.
tion claiming eight thousand dollars IS 600 0O)
damages that there j. n gOOd and -uflicie I
defense to said action, particu arlv in III It
the said ark never paid into the trca sury
the amounts due uDon the stock for which he
subscribed, being about forty (i0) shares, AMI
that said Clark has in his ha 'ds, as said
orators are Informed and believe large : ms
of money belonging to said corporation;
that sad Clark has also instituted n suit In
the name of the sad corporation against the
orator Evarts, to which suit said EVaitS has
Il good defense which he is now mnintaiuiu~
IN SAID court, ana said snlt l. still pending:
that said Clark brought his suit az inst the
defendant corpora ion through his attorneys
George 1illinghast of Providence, Rhode
Island, said at ornevs appearing of record in
said suit in said court rs the attorneys of said
Clark, that said Clark caused sail suit in the
name of the def ndant corporation against
said orator Evtrts tn he brought t1ruugh the
same attorney :, who appear in said cGu"t rs
attorneys in behalf Of the defendant corpora.
tiOn N sid litigation against the slit orator
EValt-; that said O HtOrs believe all of said
LITIGATION 10 be fraudulent md cnilIsive;
that sad d"fendari corporation AMI said
officers i'm charg nf it- affairs employed no
attorney u appear in the Interests of said
corporation nm / said orators EvlIts auu
Ia -tintn were Obliged To AMI did employ
counsel to detcn ngnI - said action: That
SUD g 1uuscl p'nlnei "A coninuan 80 of Satl
suit 10 the u 'c"mb + term Of said ecu l. and
mad It not been for the eifplt If : lid orator,
i'm this behalf said Clark would have taken
Judgement by drfW - inst said d-fen iant
corporation Tor sal amount; that suit
orators were n so Obliged to pro.
c re counsel ana enter in n e
sut- brought by the cliimart- against ,aid
dcf"ldbut corporation in sui court; that
such counsel procured sal suits to be con
tmurd 10 the June term of sud court aud
said suits ar, now pending, that said Clark
purchased n discount of sixty per cent (6D
per cent? Of their face value claims of var.
ious parties alleging dlENgrs against said
corporation on account of the sale of defect
i've milk, including the ci inns on which suit
had been brought as aforesaid; that said
Clark obtained written assignments of
larg" number Of sal claims, tGcludiug t.oSc
ON which suit hat been brought, 70 be- made
to him on the 18th day of Ocloher, ISg9 said
assignments being procured th' ough his said
attorney, Page; that said claimants who h td
brought such suits notified their attorney.
IOrrcy T. Wal"s, of Burlington, Vermont, of
| the assignment of said claims and infoI med
! their said attorney that they had no further
| interest therein; that said suits were
nevertheless pressed in said coult; that
! SAID orators EvHrts ami Eastm IN were
oblie ed tn and did procure counsel 10 defend
! sal corporation in sad iitigltiOn, which
counsel o Itaiueh "A continuance of said suits
! to the June term of said court where they
! are sim pending; that had il not been for the
| efforts of sal / orators in this behalf iudg
! ment would have been entered against said
/ defendant corporation for the fun face value
| Of said claims; that said Clark intends To
| press said claims in full against said corpora
| ton for his own benefit, although there are
good detenses to said &c IONS that your said
! orators are Informed and believe that said
| clark, treasurer has collected a large amount
! of money from various debtors of the corpora.
tioa, ana instead of applying said money In
| the settlement of the suits that have been
brought against said corporation, and in de.
Tense thereof, holds said funds for his own
use and TO apply ON the claims that he alleges