The Barre daily times. (Barre, Vt.) 1897-1959, 1914-06-22
STATE OF VERMONT,
WASHINGTON COUNTY. IS.
In Chancery.
Jones Brothers Company. Donald Smith &
H. j. M. Jones,


H. j. M. Jones,
vs.
Barre White Granite Company, Granite Saw.
ings Bank & Trust Company, Quarry Saw.
| ings Bank & Trust Company, Barre Savings
Bank G. Trdst Company, John Trow, II. A.
Phelps, Alland G. Fay, Richard v. Storer
George straiton. Fayette T Cutler.
titled cause on the 18th day of April, A. D.
1914. filed their petition in the Office of the
clerk of the court of chancery OF said county,
the Barre White Granite Company. is the
owner of several lots of so-called granite
land, quarry land. situated in the town
Of Barre, in said county that on Nav 10,
1908, the defendant, the Barre White Granite
Company, mortgaged portion of said quarry
land to one James B. Chase to secure note
for the sum Of sixteen thousand dollars that
the defendant, the Granite Savings Bank d
Trust Company is now the owner and holder
of said note, and that the said note and a
large amount of accrued interest is now due
and unpaid that said note is signed by the
defendants. John Trow, H. A. Phelps, George
Straiton, and by the orators. Donald Smith
and Jones Brothers Co, that the defendant,
the Granite Savings Bank & Trust Co, on
the 18th day Of February, A. ID. 1914, brought
its bill of foreclosure against the defendants.
John Trow, III. A. Phelps, George Straiton,
Fayette T. Cutler and the Barre White Gran
lite Company, and your orators Jones Bros.
Co, Donald Smith and H. j. M Jones, therein
alleging that the defendants in that bill were
indebted TO hhe orator therein in the sum Of
sl7,b90.75 and praying that the defendants be
decreed to pay to the clerk of the court OF
ehaneery said sum with interest and costs, by
short date. or be forecloeed of all right OF
redemption therein, and that the same is now
pending in said court of chancery.
That on June 10, 1909, the defendant, the
Barre White Granite Company, mortgaged 2
TO the National Bank OF Barre to secure a
note for the sum of $4,000. which note was
signed by the defendant the Barre White
f.t-an tfu uws4 - IL. l.
II. A. Phelps, f. T. Cutler, Richard " Storer
Alland G. Fay, and the three orators herein,
and that said note and mortgage were as
signed TO the defendant. the Quarry Savings
Bank Trust Co. and that said note and a
large amount of accrued interest is now due
and owing that on said 10th day of June. 1909,
the defendants, the Barre White Granite Co.,
executed another note and mortgage on the
same parcel of property covered by the last
previous mortgage, for the amount Of 81, 500,
payable to the Barre Savings Bank g. Trust
Co, which note was signed by the Barre
White Granite Co, John Trow, II. A. Phelps,
Alland G. Fay, F. T. Cutler, Richard v. Storer
and the three orators herein, and that said
note is now due and owing. together with
large amount Of accrued interest that
nearly all, If not the whole number of said
notes, were signed by the defendant. the Barre
White Granite Company, as principal, and
the other defendants and the orators herein,
"a sureties that the defendant. the Barre
White Granite Company. is without funds and
owns and possesses no other property than
the said quarry land above mentioned and a
little quarry equipment; that IL is not able
to pay said notes or any part thereof that
ii is not and has not for long time past
been carrying on any business and that Il is
wholly insolvent.
That the foreclosure proceedings, if carried
to decree, will result in great injury and
loss to the orators and to all of the de
PENDANTS.
That properly TO dispose Of said property
to advantage to all interested parties, It Is
ne hat III tnta s4ssA -.
pointed as receiver to sell and dispose Of said
property
And praying that receiver be appointed
for that purpose, and shat an interlocutory
order issue requiring all creditors of the
Barre White Granite Co TO file specifications
with the clerk of this court, and requiring the
creditors and stockholders and all other per-
sons interested in said Barre White Granite
Company to show cause why the prayer OF
said bill should not be granted, and for other
relief
whereupon after hearing. the chancellor
issued the following deeretal order. FIRST,
that Virgil E. Ayers. of the city of Barre
In the county of Washington and state Of
Vermont, be and is hereby appointed receiver
Of all and singular the real estate and per-
sonal property Of the Barre White Granite
Company Of every kind and description, and
Of all moneys, claims. actions credits and
other assets Of every kind held and owned BY
said Barre White Granite Co, to have and
10 hold the same as the officer of and under
the order and direction Of this court
SECOND, that the receiver is authorized
and directed TO take immediate possession Of
belonging to the Barre White Granite Com
pany and to sell the same at public auction
to the highest bidder before Sept /, A. d.
1914, said public auct--n to be held at such
place in the city or town Of Barre in said
county Of Washington as the receiver shall
decide upon, and at least three weeks notice
OF such public auction shall be given by said
receiver by mailing. postage prepaid TO the
n rift ran taA
notice Of the time and place of said sale.
and further by publishing notice Of the time
and place Of said sale in the Barre Daily
Times of said city of Barre. in at least three
issues thereof, prior 10 said sale and by
such further notice or notices as to the re-
ceiver shall seem advisable Said sale shall
be made for cash payable on tender Of the
receivers deed to the purchaser or purchasers
of said property.
THIRD that all the creditors Of the said
Barre White Granite Company are hereby au-
Moody Eco, at the city of Montpelier in
said county of Washington. clerk of said
court Of chancery, thirty days from the date
of notice SO to do, proof of their respective
claims against said Barre White Granite Com
peny. properly sworn to and all creditors
of said company who fail or neglect to file
their claim or claims on or before said date
shall be forever barred from enforcing their
claim or claims, and said clerk is hereby
ordered and directed to notify all creditors
to file their claims with said clerk on or
before Sept !, A. d. 1914, and shall mail
said notices to such creditors as said re-
ceiver shall indicate in writing to said clerk
and shall publish the substance Of this order
in said Barre Daily Times, in four pubica-
tions thereof, each week, during the four
weeks prior to thirty days from the date of
notice to file said claims and said receiver
Is hereby ordered and directed to pay to said
clerk the expense Of sending and advertising
said notices.
Done at chambers at the county courthouse
in the city of Montpelier in said county of
this 9Th day of April, A. D. 1914.
LEIGHTON P. SLACK, Chancellor.
Given under my hand at Montpelier in said
county this 9Th day Of June. A ID. 1914
LEWIS C. MOODY. Clerk.