True American. [volume] (Steubenville [Ohio]) 1855-1861, 1857-08-26

/
Lippmcott, partners trad
ing and doing business in
the name Of Holloway &
Lippincott, Plaintiffs.
VS. s Petition.
Eli Kimberly IL B. D.
Godfrey, J. E. Marshall &
S s. Mann, partners, trading
and doing business under
the name and style ofGcd-
frey g. CO. Defendants.
B. d. Godfrey, j. f. Marshall g. s. s. Mann,
defendants above named, will take notice
that Robert Cochran. james Blackburn,
Chockley L. Holloway & Joseph A. LIP
pincott, partners doing business in the
name and style of Holloway & Lippincott,
have filed their petition in the Office Of the
clerk Of court Of common pleas, tor Jefferson
co.,, o., setting forth that on the 18th day
of September, 1856, they recovered judg-
ments against John B. Simeral of Jefferson
county, Ohio, before John H. Forester, a
Justice Of the Peace, for Wayne township,
in said county.
That said Holloway & Lippincott re-
covered one judgment for two hundred dol
lars and cost, on said 18th day OF Septem-
ber, A. D. 1856 and one other judgment
for one hundred & forty-three dollars and
fifteen cents and cost, on the same day that
said James Blackburn recovered one judg-
ment for two hundred and fifteen dollars q
twenty EIGHT cents and cost on the same
day, That said Robert Cochran re.
covered two judgments for two hundred
and ninety eight dollars each, and cost
one for two hundred and fifty. one. dollars,
and cost-and one for two hundred and
eleven dollars and costs, amounting in the
aggregate, to the sum otsone thousand and
fifty Eight dollars and sevcnty-three cents
besides costs, all of which said several
judgments were recovered against the said
John b. Simeral, on the 18th day Of Sep
telnber, 1856, before the saiG John H. For.
ester. That on the same day executions
were issued on each of said judgments, ant
were OIL that day placed IN the hands n
Eli Kimberly, Constable Wayne town
ship, aforesaid, and were all levied on {
stock of merchandise, then belonging L
the sail John B. Simeral on the same day
and thereby became lien on said stock u
goods.
The said Plaintiffs further represent
that b. D. Godfrey, j. E. Marshall and
S. S. Mann, partners under the name and
style of Godfrey & CO., recovered two
judgments against the said John B. Sim.
merai, before the said John II. Forester
OH the 18th day of September, A. D, 1856
Que for Two hundred and tity-four dollar:
and seventeen cents, and costs, the Othe
for two hundred and fity-one dollars ant
sixty-six cents, and costs and that exc
cutions were issued on said judgments, all,
placed in the hands Of the said Eli Kim
berly, constable, and were levied on th
same goods, on the said 18th day of Sep
tember, 1856 The said plaintiffs furthe
represent and charge that Oh the said l2tl
day OF September, 1856, and at the time Q
the recovery of the judgment in favor q
said Godiery & CO, or some time after
wards, on that day the agent of the sal
| Godfrey a. co received an assignment {
sundry accounts which the said John
Simeral had against suLdry individual,
tile names of said debtors being unknow
to the plaintiffs, and that it was then an
there agreed that the said Godfrey IL G,
should proceed to collect said accounts
and apply the same to the satisfaction
their clam.
That SAID agents received said accounts IN
to their possession upon the terms aforesaid
aud continue t. hold them The petilo
of the plaintiffs further represent that the sal
Eli Kimberly |, about 10 sell the stock Of good
af rsald by virtue Of the several execution
c aforesaid directed TO him, and gives ont
c speeches that he will apply portion of VI
D proceeds thereof to the payment of the jud!
0 menls of The said Godfrey and Co, wilhol
( reference TO the assignment OF the accoun
G aforesaid, that the said John B. Simeral is il
G solvent and has no property subject to
c seized and sold OH execution other than h
c stock of goods aforesaid and that SAID st0C
of goods are not sufficient to satisfy the claim
= Of the plaintiffs and of the said Godfrey &C
. The plaintiffs ask that the said Eli Kimberl
be ordered and required to bring the proceed
of sale Of said stock Of goods into Court, an
that the said Godfrey & Co, be required
collect the amounts due upon the several a
counts 30 assigned to them. aud apply Il
4 same to the satisfaction of their claim befO
they shall be allowed to receive any portio
Of lh' proceeds of said sale of goods and th
= all order be made that said proceeds be apple
! to payment Of said several claims of the plail
9 tiffs, according to their rights, and that the
= may have such other relief as equity and goo
\ conscience require.
= The said B. D, Godfrey, j. E. Marshall, an
= s. S. Mann. partners as aforesaid, will TAX
D notice that they are required 10 answer the ?
4 tition OF the said plaintiffs filed against then
before the 10Th day Of October 1857, or in d.
fault thereof, judgement will be rendere
against them according to the prayer OF sal
petition. :
| Robert Cochran. James Blackburn, Holl
way d Lppeucott. plaintiffs, by
... MILLER d SHERRAR0 .
: augl96t. Their Attorneys.
| xYYxY rYnHYF