The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1908-08-06

sAla Manchester. on the 90 day " sAi,
nsifish ~ Vet ~ f.aEe Nt - Land hrocrd
~ said fu~n ms1u and conditissist.i NJ Aiis
EiNe0 10 secure the fayment ~ rtA VIA
Interest A. klnsffara Ia rs'sseln pruulissnf,
niste ~ that date signed ~ said itanhrupi
and payable 10 ania Msikerupon ~hieh u@is
thefs - ttns A. tonf TRUSTEES "a Informed and
lscliesvs sud tAsr.isae stniea, ihs sum ~
TNsnfs -ans Hundred and reNeNia -stt l0i
iar.. And said land " isnundsd ~ hsiio~ 4
eis; Sortheriy by lands ~ Y. hlihnss sna
Z wlf~, eastsfiy ~ ncntff street sossellti
ssuiherly ny kln street so-csiied In said
Z Village ~ Manchester fNpnt and westerly
lss lands ~ q, n. Carleton and A, ", ivttl.
tone aud contains atssui y rods ~ inuN and
Z said iot ~ isnd with said ~i"te bniidins
thereon Il ~ the value ~ yvnr frus,ev Is
lirses f~a Thousand Rive Hundred i"ilsSs
and lnofu.
Your Trustee Farther shows that n part ~
I said Bankrupt = cstai. consists 81 n quantity
AZ stare nsiures nna furniture la said Stor.
4 building consisting among other thing ~
show eases. stove. chairs and other artWhs
witch are all of substantially all enufnrrat.
I I'd 10 the Inventory aud also OF q stock ~
goods Ia said stnre consisting ~ groceries,
canned goods, eisars, tniarco, and various
other articles. and substantially All ARE
shown IN the inventory which " referred 10.
That on said FIRST dny ~ February lsl
said Bankrupt then heins the owner thereof
and the same bcins in said stor' btildins en-.
ecuted 10 said Walker a chaft.l mortgage of
the entire stock In trade of said bankrupt ~
said store and also all the goods that should
thereafter he purchased aud added w shid
stock To rcpienlSh what might liz sold IN the
ordinary course 81 business, which -ntd
mortgage was recorded IN Vol. q page u OF
ehnttel mortgages IN the Town clerks ONCE
Of said Town OF Manchester ON February
9Th. lar Aud the conditions OF said mort
saao II that said J. II. Couture should pay
or cause To he paid 10 the said Walker the
sum Of Five Hundred Dollars. But said
Mortgage NJ expressed therein was given rs
additional security for the payment OF said
Two Thousand Dollar note above described
aud for no other purpose, No that the whole
amount now owing by the said Bankrupt To
said Henry :. Walker under aud by virtue
OF said vWo notes aud mortgages n said sum
Of Twenty-one Hundred and SeNcnty-siN
Dollars.
Your trustee further shows that ON the
18th day Of October lHf aud within tour
months before the filing of the petition by
the Bankrupt IN this cnuse, the said Bank
rupt made and executed 10 samuel y. Little
aud Casper Hulett, both Of the CITY of Troy,
VA the county of Rensselaer, ana state OF
New York as eo-partners doing business In
said city under the style and firn name OF
Little a Hulett creditors or claimed credit.
ors OF said bankrupt, u mortgage deed oi
said real estate above describel conditioned
for the payment OF the sum OF Two Hundred
and Ninety-seyen dollars and Eighty-six
cents, specified In promissors note dated
said 18th day Of October 1907. and also con
nlilpltu 10 pay urn MY htiu hNHti
indebtedness thereafter incurred by him TO
them whether for goods sold or money loan
ed and to keep the buildings on
said land insured. Which said mortgnse
WINS recorded on the said sth day OF October
1917 In Vol. ~, page i75 OF Land records OF
| the said Town of Manchester.
Your trustee further shows TINT ON said
s1th day OF Oct. 1877 and within four months
before the fling OF the petition by the said
Bankrupt In this cause. the said Bankrupt
made and executed 10 the CO. partnership
| firm Of Harvey a Eddy OF and doing bust.
ness In said City OF Troy and composed OF
David H. Harvey and Chas. q. Eddy Of said
City n mortgage deed fsaid same piece OF
land above described. which mortgage deed
was recorded ON the said 18th day OF October
1907 In Vol. NJ, page 40 OF land records OF said
Manchester and was and Is conditioned for
the payment to said firm Of Harvey a Eddy
the sum OF Three Hundred and Ninety-flye
Dollars and Forty-two cents, ms expressed
in promissory note OF said date oct. 18th,
1907 and payable on demand to said Harvey
a Eddy with interest annually; And also
conditioned to pay to said Harvey Eddy
any and nll Indebtedness thereafter incur
red by said Bankrupt to them whether for
goods sold or money loaned and also To Keep
the buildings insured.
Your trustee further shows that on said
same 18th day OF october 1857 said Bankrupt
executed TO each OF said firms OF Harvey A
Eddy and Little a Hulett chAttel mort
gage of all the goods In said store occupied
by said Couture and also all fixtures, show
all goods and stock In trade thereafter pur-
chased by said Bankrupt to replenish said
stock, and said chattel mortgage TO said
Harvey 4 Eddy contained the same eondi-
tion MS the real estate mortgage to them
above described and wns given to secure the
same indebtedness and none other and was
recorded on said 18th day Of Oct. 1917 IN
Vol. 8 page ~ Of the records OF chattel mort |
cages In said Town Clerks Office OF Man.
chester. And said Chattel mortgage to
Little Hulett contained the same condi-
lions rs the real estate mortgage To them
above described and was given to secure the
same Indebtedness and was recorded ON |
said 25th day Of Oct 1901 on page S, Vol. OF
record Of Chattel mortgages In the Town |
clerks Office OF the Town Of Manchester.
Your Trustee further shows that Mt the |
time OF the execution Of said mortgages to |
said Harvey Eddy and Little a Hulett |
the said Couture was the owner OF the prop |
erty, real and personal therein described, |
subject only to said mortgages to snid |
Walker and excepting the cash register, the
computing scales and the ice chest, mem |
toned In the inventory which the various
persons selling them TO said Bankrupt.
claim a lein thereon by way OF IA condition OF
sale,
And your trustee shows that at the time
said Bankrupt filed his petition In this cause |
and at and up to the time he was ad1udPed |
Bankrupt he was IN possession and control
OF all OF said property, real and personal, and |
since the election OF your trustee he has
been and still Is In the possession and control
And your trustee shows that by said deeds
and each OF them, executed by him rs afore- |
said to said Arms OF Harvey Eddy and LIT |
tie a Hulett the snid Couture on the 18th |
day OF October 1897 made n transfer OF his
said property real and personal TO said firms
and each OF them and they and each OF them
accepted said mortgages ana rs your trustee
Is informed and believes and therefore
states claim by virtue OF their respective
mortgages and each Of them n lien on said
property real and personal above described.
And your trustee further says that at the
time OF said transfers and each OF them 10
said Little n Hulett and to said Harvey
Eddy respectively said Bankrupt was insol-
vent and the effect OF the enforcement OF the
same or either OF them Is ana VIII he 10 en-.
able them and each Of them ms creditors OF
said Bankrupt to obtain greater percent
age Of their md each OF their debts than
other creditors Of the Bankrupt OF the same
class and they and each OF them when said
preferences and each OF them were given 10
and received by them ms Aforesaid had rca-
sonable cause TO believe that the said Bank
rupt thereby intended to give them and
each OF them n preference ms aforesaid and
said mortgages and each OF them to the said
Little A Hulett and to the said Harvey a
Eddy and each OF them were also made and
given by the said Bankrupt with the intent
and purpose on his part 10 hinder and delay
his creditors or some Of them and the said
Harvey n Eddy and the said Little a Hulett
or either OF them were not ana are not puf-
chasers Ia good faith Of said property real or
ent consideration. and said property or any
part OF IL was not and IL not exempt from
execution by the law Of the domocile Of said
Bankrupt which WINS and Is nj Manchester,
aforesaid.
And so your trustee claims and insists that
said mortgages and each Of them To both the
said Little a Huiett and Harvey A Eddy on
both real and personal property are not only
yoidnble but null and void ~ against the
creditors Of the said Bankrupt and Of your
trustee.
Your trustee further shows that said real
estate Is non-productive and unused except
for the storage Of said personal property
and IN subject to taxation aud TO deprecih-
tion In value by remaining idle and unoccu-
pied and said stock OF goods IL lesseninR In
value and the debts secured To said Walker
by said mortgages TO him are increasing by
the accumulation OF interest, that he be-
ewes and 80 states, said stock In trade
Is Of much greater value than the amount
secured by said chattei mortgage thereon TO |
said Walker. And your trustee says Tint N
said stock Of goods are allowed to remain IN |
snid store unsold for any length 81 time
many OF them and indeed the most Of them |
will become by reason Of their kind greatly |
deprecated In value and some OF them nj |
this sehson Of the year Will become worth |
less or nearly so; 50 that the stock Will de-
preciate ms Il whole many dollars to the great |
damage and detfiment Of the estate; that
said store building NJ well hs it's contents II |
liable as all buildings are. 10 br destroyed by
fire and that to keep II insured Is consider
ahla atnause md To the deDlettDu Of the |