From the Archives for Phelps Genealogy Group
Walter Lyman Phelps son of Charles Phelps, was born at South Deerfield, MA December 22, 1858. Charles Phelps
Charles Phelps, son of Timothy Allen Phelps*, was born at Chesterfield, February 19, 1827. About 1854 he removed to Painesville, Ohio, where he resided for about a year and then settled in South Deerfield, Massachusetts. He was a farmer and miller. He ran a grist and saw mill at South Deerfield where he removed in 1856. He was justice of the peace for a number of years, and deacon of the Congregational church for twenty-four years. He removed to East Cleveland, Ohio, in 1895, and died there April 19, 1895. He married, April 27, 1852, Martha P. Bourne, born at Savoy, Massachusetts, January 12, 1831, died in Cleveland, Ohio, April 13, 1898, daughter of Seth Bourne and Phebe Bourne. Grave of Timothy Phelps
Walter L Phelps was educated in the public schools of his native town. He was brought up on a farm and followed farming until 1888, when he became shipping clerk for the Smith Carr Baking Company of Northampton. He was with this concern for eleven years, and purchased the business which he in 1908 combined with the Greenfield Company, which he had established at Greenfield in 1900, and has built up a thriving and successful business. He was an active member of the Second Congregational Church of Greenfield--deacon 1902, was superintendent of the Sunday school for three years and chairman of the building committee when the church was repaired. In politics---Republican. He was a member of Greenfield Club. He married, December 22. 1881, Mary Beaman, born December 11, 1859, adopted daughter of Joseph Beaman and Mary (Coates) Beaman, of South Deerfield.
From Western New England Volume 2
The business of the Greenfield Baking Company was first started on Davis Street in 1881. It passed through a number of hands, including C. O. Graves, E. A. Snowman, and C. D. Shaw, before the year 1900. In the fall of that year Walter L. Phelps, who was then employed by the Smith Carr Baking Company, of Northampton, Mass., bought the business in company with a partner, W. G. Hawkes.
From The Northestern Reporter Volume 89
In 1902 Mr. Hawkes sold his half interest to Mr. Phelps who assumed control of the company. Under his management the growth of the business was rapid, and new machinery, ovens, etc., were installed to take care of the increased demands.
In the fall of 1908 the controlling interest in the Smith Carr Baking Company, of Northampton, Mass., established in the year 1797, was taken over. The whole business was merged under the title of the Smith Carr Baking Company, although the plant at Greenfield kept its original name. W. L. Phelps was made president of the new corporation and C. K. Graves of Northampton vice-president. Louis A. Phelps became associated with his father as manager of the Greenfield plant, and holds the office of secretary and treasurer.
Action by Albert R. Willard and others against George H. Wright and others. Verdict for plaintiffs, and defendants except. Exceptions overruled.
O. N. Stoddard and P. H. Ball, for plaintiffs. W. A. Davenport and H. E. Ward, for defendants.
LORING, J. 1. We are of opinion that the presiding judge was right in submitting the case to the jury.
It was admitted that the defendant copartners (three in number) had determined to sell their ice and trucking business, and that they had employed one Carson as a broker to find a purchaser. The plaintiff Willard testified that he met the defendant Wright on the street, at a time which the evidence showed was after this had been done, and that In the conversation between them at that time Wright told Willard that he was going to leave Greenfield and that the Ice and trucking business of the partnership was to be sold; that Willard then asked the defendant to let him have "a chance at it"; that Wright said that he had met Carson and told him he "hoped he could sell It," to which the plaintiff replied that it was customary to let all the brokers "have a chance at It, and the man that makes the sale is entitled to the commission"; that Wright then said, "You bring me a customer and I will pay you a commission;" that Wright then told him the number of horses, "the lot of wagons, and the ice business and thetruck business," and In answer to the plaintiff's question "What is your price," said, "It Inventories at about $15,000." "I would sell the Ice business separate, and I would sell the trucking business separate—$9,000 for the ice business and $6,000 for the trucking business." Willard put these items on paper and entered them on one of his regular forms on the same day.
There was testimony that at some subsequent time one Walter L. Phelps called at the plaintiffs* office about buying a farm, and Willard told him that the defendants' Ice and trucking business was for sale; that Walter L. Phelps then said that he knew of two men looking for business; that Willard asked him to write to them and Phelps said that he would do so. Willard further testified that "later on" he called at Phelps' office to see If he had written to these two persons. After that Walter L. Phelps told Charles S. Phelps' wife, who was then In Greenfield, that the Ice and trucking business was for sale, and she "communicated it" to her husband; and in the words of Walter L., "he caused Charles S. Phelps to be acquainted with the fact that" the defendants' business was for sale.
Charles S. Phelps testified that as soon as he learned of the fact that the business was for sale he called his brother on the telephone, and later came to Greenfield and started to go to the defendants' office with his brother. On the way Willard met them and went with them to the defendants' office. Willard testified that he introduced Charles S. Phelps to Ballou, one of the defendant partners, in these words: "This is Mr. Phelps. He has come to look at your business with the Intention of buying It if it suits him and the price is right." There was evidence that Charles S. Phelps at first tried to buy the one-half of the business owned by the defendant Wright, and finding that he could not do that Interested one Lamb in the matter, and finally that the business was bought by Charles S. Phelps and Lamb for $15,000. There was abundant evidence that Charles S. Phelps and Walter L. Phelps and Charles S. Phelps' wife first learned from the plaintiffs that the ice and trucking business of the defendants was for sale. It appeared that Carson had previously offered the business, to Lamb, but that the price was too large for him alone, and at that time he determined not to buy. There was evidence that Lamb's determination to buy Jointly with Charles S. Phelps came from Walter L. Phelps' having suggested to him (Lamb) the Joint purchase. Lamb testified in answer to the question, "Who did you first talk to in relation to buying out a part of George H. Wright's business?" "I think it was Walter Phelps; * • * Walter L. Phelps." Carson testified that he did not claim a commission. Finally there was testimony that the defendant Wright had said that he
placed the business in the hands of Willard for sale, that the business had been sold, and that "Mr. Willard brought the customer."
There was great conflict in the testimony, but this evidence, if believed, warranted a verdict in favor of the plaintiffs.
The defendants contend that Gleason v. Nelson, 162 Mass. 245, 38 N. E. 497. is fatal to the plaintiffs' claim to a commission. The difficulty in that case was that the information that the property in question was for sale came to the person who ultimately bought through "a third person not employed by Nelson for the purpose or authorized by him to make the communication." But In the case at bar Willard asked Walter L. Phelps to communicate the fact that the business was for sale to the two persons he had in mind, and Walter L. promised so to do. Walter L. therefore was authorized if not employed to communicate the fact to Charles S. Phelps and to Lamb. With respect to Gleason v. Nelson, see Carnes v. Finlgan, 198 Mass. 128, 130, 84 N. E. 324.
The defendants' next contention is that this case comes within Ward v. Fletcher. 124 Mass. 224. That case would be decisive against a claim by Carson for a commission if he had made one. For as it was said In that case, "one broker, who is unsuccessful in effecting a sale, does not become entitled to a commission upon the success of another." The Jury were warranted in finding that the joint purchase by Charles S. Phelps and Lamb was procured through Walter L. Phelps, under his agreement with the plaintiffs to mention the sale of the business to two men who were looking for business.
2. Were it not for the contention of the defendants to the contrary, it would not be necessary to state that the question whether the plaintiffs were the efficient means of bringing the seller and the purchaser together was for the Jury and not for the court.
3. It Is now settled that a broker employed to sell earns his commission when he brings to his principal a customer who is ready, willing and able to buy, and that it is not necessary for him to take part in making the contract of sale in order to entitle himself to a commission. Fltzpatrlck v. Gilson, 176 Mass. 477, 57 N. E. 1000; Taylor v. Schofield, 191 Mass. 1, 77 N. E. 652.
4. In this case it was admitted that all the partners had decided to sell their business. Certainly in such a case it is within the authority of one of the partners to employ a broker to make the sale. See Durgin v. Somers, 117 Mass. 55.
5. Evidence of the arrangement made by Willard with Walter L. Phelps and what was done In pursuance of it was competent to show the fact that the purchasers were procured by the plaintiffs.
William L Phelps one child, Louis Allen, born February 1. 1884, treasurer of the Smith Carr Baking Company which was incorporated with the Greenfield Baking Company; married, December 22, 1906, Maude C. Warren, born in Stratford, Connecticut, May 30, 1883, daughter of Frederick L. Warren, of Greenfield.
Sibling of Walter Phelps---Martha E Phelps
Obituary of Louis C Phelps and wife Maude Phelps
Charles Phelps--Timothy Phelps
Timothy Phelps--Spencer Phelps (1753-1829) and Theodamy Allen (1755-1841) daughter of Timothy Allen and Rachel Bushnell Allen
Spencer Phelps-Martin Phelps (1723-1795) and Martha Parsons (daughter of Josiah Parsons SR and Sarah Sheldon)
Martin Phelps--Nathaniel Phelps (1692-1747) and Abigal Burnham (1628)
Nathaniel Phelps--Nathaniel Phelps
From The Burham Family Genealogy by Roderick Henry Burnham
1716. Nathaniel Phelps, of Vermont, married Abigail Burnham about the year 1716; he (Nathaniel) was the son of Nathaniel, grandson of Nathaniel—born in England—great-grandson of William, who lived in Northampton.
From Biographical Sketches of Graduates Yale University by Franklin Bowditch Dexter
Dr Martin Phelps was born in Northampton, Massachusetts, on January 23, 1757, being the third son and child of Martin Phelps, and grandson of Nathaniel and Abigail (Burnham) Phelps, of Northampton. His mother was Martha, youngest daughter of Josiah and Sarah (Sheldon) Parsons, of Northampton.He studied medicine with Dr. Ebenezer Hunt, of Northampton, and in 1780 began practice in Haverhill, New Hampshire. He was highly regarded there, though making some enemies by his plainness, and in 1790 at the organization of a Congregational church was chosen deacon.
Thence he went in 1796 to Belchertown, in his nativecounty, but his failure to join the village church provoked notice, and he was finally called on by the minister, the Rev. Justus Forward (Yale 1754), and the deacons for his reasons. The two parties to the controversy both rushed into print, and soon after by the desire of the Rev. Aaron Bascom (Harvard 1768), the pastor of the church in Chester, in what is now Hampden County, he removed thither.
In the Chester church Dr. Phelps and Mr. Bascom, being both strong characters, and on opposite sides in politics, did not long agree. After a bitter controversy, which involved the whole community, Dr. Phelps was excommunicated from the church in October, 1808. He was chosen as an Anti-Federalist to represent the town in the State Legislature in 1807 and 1808.
He subsequently renounced infant baptism, and was admitted to the nearest Baptist church, in Hinsdale, in July, 1810. He was instrumental, six months later, in starting a Baptist Society in Chester.
He died in Chester on November 26, 1838, aged nearly 82 years.
He married, on February 28, 1786, Ruth, elder daughter of Samuel and Martha (Hubbert) Ladd, of Haverhill, New Hampshire, who died in Chester on April 16, 1804, in her 33d year. Her children were four daughters and three sons, all of whom survived their father, except the youngest son, who died in infancy.
He next married, on February 5, 1806, Mary Fowler, of Westfield, Massachusetts. By her he had one daughter.
In connection with his excommunication he published :—
A Narrative of the Facts and Proceedings, relative to the Excommunication of Dr. Martin Phelps, by the Rev. Aaron Bascom, and about one third of the Brethren of his Church in Chester. . . . Northampton, 1809.
He also published, over his name :—
Scripture Reasons for Renouncing the Principles of Pedobaptism, and Uniting with the Baptists.—Also, an Appendix, by Elder Abraham Jackson. Northampton, 1811.
Nathaniel, son of William (2) Phelps, was born in England about 1627, and came to New England with his father. He settled first in Dorchester and then in Windsor, Connecticut, where he married, September 17, 1650, Elizabeth Copley, of England, a descendant of Copley, the celebrated artist. She died in Northampton, Massachusetts, December 6, 1712. and her will was proved there.
Nathaniel Phelps resided on the Orton place opposite his father's homestead, which he purchased of his brother Samuel. About 1656-57 he removed to Northampton, Masachusetts, and was one of the first settlers there. He was one of the first deacons of the Northampton church, and occupied his homestead forty-three years. The farm was occupied by his descendants until 1835. It comprised the land which was formerly the site of Miss Margaret Dwight's school, and later the College Institute of J. J. Dudley, and which is now Shady Lawn. The old house stood a few rods north of the present house. On February 8, 1679, he and his sons Nathaniel Jr. and William took the oath of allegiance before Major Pynchon, and May 11, 1681, he was admitted a freeman. He died in Northampton, May 27, 1702, aged seventy-five years.
Children: 1. Mary, born in Windsor, June 21, 1651, married Matthew Closson. 2. Nathaniel, June 2, 1653, mentioned below. 3. Abigail, Windsor, April 5, 1655, died aged one hundred and one years, four months, eleven days; married John Alvord. 4. William, Northampton, June 22, 1657, married Abigail Stebbins. 5. Thomas, Northampton, May 20, 1661, died unmarried. 6. Mercy, Northampton, May 16, 1662, died July 15, 1662.
Bittinger, Hist, of Haverhill, 289. ii, 35. Ladd Family, 34. Phelps FamS. Clark, Antiquities of Northampton, ily, i, 183, 299-300. 337. Holland, Hist, of Western Mass., From Genealogical and Personal Memoirs Relating to the Families of the MA, Volume 3
North Hampton Phelps line:
Morris Charles Phelps (1805 - 1876)
(V) Deacon Nathaniel (2), son of Nathaniel (1) Phelps, was born in Windsor, Connecticut, June 2, 1653, and removed with his father to Northampton in 1656, where he settled and resided on the homestead. He was a deacon of the church, and took a great interest in town affairs. He died there June 19, 1719. He married, August 11, 1676, Grace Martin, born 1656 in England, died at Northampton, August 2, 1727. There is a tradition that she was engaged to be married to a lover who proved faithless, and she came to New England to join relatives in Hadley. For some reason she could not get to them, and was in danger of being sold to pay her passage money.
Children, born in Northampton: 1. Grace, born November 11, 1677, died 1677. 2. Nathaniel, November 1. 1678, died May 1, 1690. 3. Samuel, December 18, 1680, married Mary Edwards. 4. Lydia, January 17, 1683, married Mark Warner. 5. Grace, November 10, 1685. married, 1713, Samuel Marshall. 6. Elizabeth, February 19, 1688, married Jonathan Wright. 7. Abigail, November 3, 1690, married John Laughton. 8. Nathaniel, February 13, 1692, mentioned below. 9. Sarah, May 8. 1695, married David Burt. 10. Timothy, 1697, married Abigail Merrick.
( VI) Nathaniel (3),son of Deacon Nathaniel (2) Phelps, was born in Northampton, February 13, 1692, died there October 14, 1747. He
attended the funeral of David Brainard three days before his own death. He was one of the first settlers on South street and is the Nathaniel Phelps who administered the estate of Lieutenant John Phelps, of Westfield. He married (first) in 1716, Abigail Burnam, born 1697, died June 2, 1724 (or August 27, 1727). He married (second) March 27, 1730, Catherine Hickock, widow, of Durham, Connecticut, daughter of John King, of Northampton. She married (third) Gideon Lyman. Children of first wife, born in Northampton: 1. Charles, August 16, 1717, married (first) Dorothy Root; (second) Esther Kneeland. 2. Anne, 1719, died young. 3. Nathaniel, December 13, 1721, married (first) Elizabeth Childs; (second) Rebecca Childs, widow. 4. Martin (twin), December 24, 1723, mentioned below. 5. Anne (twin), December 24, 1723, married Elias Lyman. Children of second wife: 6. Catherine, 1731, married Samuel Parson. 7. Lydia, 1732, married Eleazer Pomeroy. 8. John, baptized October 27, 1734, married Mary Ashley. 9. Mehitable, born July 31, 1736, died same day.
(VII) Martin, son of Nathaniel (3) Phelps, was born in Northampton, December 24, 1723, died November 12, 1795. He settled in Northampton. He served in the revolution. He married Martha Parsons, born 1726, in Chester. Massachusetts, died December 23, 1814. Children, born in Northampton: 1. Martha, June 1, 1751. 2. Spencer, February 2°- 1753- mentioned below. 3. Elizabeth, December 6, 1754. 4. Eliphalet, 1755. 5. Martin, January 23, 1757. 6. Daniel, 1762, married Mary Harris. 7. Andrew, November 12, 1769. married Nancy Clark. 8. Sarah, married Dr. (probably Samuel) Porter and settled in Williamstown. 9. Mehitable, married, 1783, William Stone.
(VIII) Spencer, son of Martin Phelps, was born February 20, 1753, died January or June 24, 1829. He resided in Chesterfield, Massachusetts. He married Theodamy Allen, born November 25. 1755, died November 18, 1841, daughter of Rev. Timothy Allen. Children, born at Chesterfield: I. Spencer, May 24, 1782. married Mary Kenneippe. 2. Timothy Allen. October 9, 1789, mentioned below. 3. Theodamy, June 1, 1793, died June 2, 1795. 4. Theodamy, December 10, 1796, married Rufus Burnell.
(IX) Timothy Allen, son of Spencer Phelps, was born in Chesterfield, Massachusetts, October 9, 1789, died at South Deerfield, July 11, 1860. He served in the general court from Chesterfield before the introduction of railroads, having to go by stages. He settled first in Chesterfield, and removed to South Deerfield. He was a farmer. He married, September 14, 1818, Thankful Cleveland, born May 7, 1787, died July 23, 1864, daughter of Nehemiah and Hannah (Parsons) Cleveland. Children, born in Chesterfield: 1. Fidelia, June 27, 1819, died October 3, 1840. 2. Aurelia, January 30, 1821, died February 4, 1888; married Timothy Bates. 3. Harriet, December 23, 1822. died January 2, 1885; married Sidney E. Bridgeman. 4. Charles, February 19, 1827, mentioned below. 5. Augusta, June 14, 1829. died April 23, 1898, unmarried. 6. Spencer, January 28, 1832, died June 23, 1863, at Port Hudson, Mississippi, in the civil war.