The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1918-11-23
Want Notes from Barber to
Dakin Kept Out of
Canada
BILL IN CHANCERY
BROUGHT BY PIPER
Claimed that Notes Given to Contrac-
tors to Pay Help on Block Were En-
dorsed TO Canadian and Not Used
for That Purpose.

bill OF discovery TO determine what
Dakin and the Loomis Dakin Go. have in
certain notes given by III. c. Barber to
the Dakins a short time before the latter
went into bankruptcy on an involuntary
petition, has been brought by some of
the creditors in the name of Addison +.
Cudworth of South Londonderry. trus-
tee of the bankrupts. The action is
brought by Attorney A. V. d. Piper and
the defendants are F. " Dakin of Sher-
brooke, Quebec J. A. Dakin of Brattle-
boro, Loc7nis Dakin Co, Ltd, OF Sber-
brooke, b. c. Howard of Sherbrooke, the
Peoples National bank of Brattleboro,
and Herbert G. Barber of Brattleboro.
Service was made by Deputy Sheriff
Fred Cressy this morning on Mr., Bar
Der, who returned yesterday afternoon
from Montpelier. Service previously had
been made on other defendants The
bank is made "A defendant by reason of
| the notes in question being IN its hands.
| 1t is desired to prevent the notes getting
| into the hands of parties whereby they
might tiiio liEI NaA HitO AlDddd
| the rights Of the creditors could be deter
| mined.
The orator. Cudworth. AYERS that about
| Aug. |, 1916, Mr.. Barber entered into q
contract with the Ioomis Dakin Co. Ltd,
to erect for him an Office and apartment
block on Main street and that the com
pany began extensive excavations; that
the building then contemplated was to
be three stories high, but that after
wards the plans were changed and on
Oct g. 1916, a new contract was entered
into with the Loomis Dakin Co., Ltd,
but in the name of f. W. & j. A. Dal1in.
Inc. to erect a five-story Office and apart
ment block for contract price of
sl2S.000
/ 1t is avefred that +. W. & J. 4. Dakin,
Inc, was formed by the Loomis Dakin
Co. Ltd, solely for the purpose of per
forming the contract of the Loomls
Dakin Co in the state of Vermont.
i 1t is claimed that at the time of the
original contract Aug. | as well as the
incorporation of T. W. & j. A. Dakin and
the making of the second contract Oct.
Is il was represented by both Dakin con-
Germs that the defendant b. c. Howard
was the principal owner and financial
backer Of both corporations, that How
ard had made advances of $4,000 to
them and that afterwards he was the
guarantor of the Aetna Life Insurance
iCo which furnished surety bond from
!. i. W. & j. A. Dakin in the sum of $4,000
conditioned for the faithful performance
of the contract of Oct. q.
| The orator says hc is informed that
on Dec. Q, 1916, +. W. & j. A. Dakin
, assigned to the Peoples National bank all
moneys due or to besome due them under
the contract of Oct from Mr.. Barber
and afterwards made these assignments
: Sept IS. 1917. 5000; Nov. 3, 1917
IS. zoo; Nov. 26. 1917. IS ,6S4.24.
| On Dec -. 1917, it is averred, Mr.. Bar
Der gave his note for $1,000 TO T. W. &
J. a. Dakin. payable in so days, and that
, it was represented by j. a. Dakin at that
time that the proceeds were needed and
We're to be used III paying for labor al
ready performed. but that in fact that
note was immediately endorsed to How
ard in payment for advances previously
made by him: that on Oct. 30, 1918, How
ard brought a suit in the Windham coun
ty court against Mr.. Barber for $500