Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-24

Plaintiffs vs.. Henry v. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyahoga County Ohio. -
HNHE said Henry G. Lucas and Francis
Rowe will take notice that on the I'd day Of
January, 1868, the said Plaintiffs filed their Pet-
ton in the Court Of Common Pleas in and for ihe
County of Cuyahoga, Ohio, the object and prayer
Of which petition is to recover the sum Of S9OZ 90
with interest thereon from January I'D, 1862 -
SAID petition sets forth that on the 22d day Of
July, 1856, Sanlgel c. Ives, then IN life, and the
owner OF property described in a lease a copy
of which is attached to said petition, and known
as the Ives Cleveland Brewery, and its appur-
tszHnces, casks, barrels, &c, entered into con
tract of lease Of said property with defendants,
which was duly recorded in CuyahOga county
Records. That on August sd, 1855, said Ives
| died intestate, having BY the terms OF his last
will and testament, which has been duly pro-
1 bated, appointed John G. Granni5 his executor,
who duly qualified and entered upon his execu-
torship. That the Plaintiff, Eliza J. Stone, is the
sole heir Of the said Samuel G. Ives, and the sole
devisee and legatee Of the property named in
said lease. That said J. @. Grannis, executor, on
the sth day Of May, 1861, assigned SAID lease to
| said Eliza J. Stone, then Eliza J. Ives but since
! married to said Frank D. Stone. That she is
now the sole owner Of said lease and Of all the
| property covered thereby and the rights grow
| ing out Of the samo. That by the terms Of said
| lease defendants were obliged within SIX months
from the termination Of the same to return in as
good condition in all respect as when received
! by them, all the casks Of every description
| named in said lease which should come into
| their possession during said term.
That there came into Qelendant's possession
during said term ,152 casks, OF which 6,7Ol were
released for the period Of one year to said Lucas
on July o. 1861, the said Eliza J., supposing at
| the time that the false representations Of
/ said Lucas, that they were all the casks which
| had come into the hands Of defendants or either
| Of them by virtue Of said original lease but in
fact there came into defendants hands by virtue
| Of the same, in good order on OF before Novem-
ber 6th 1856 two hundred and ten barrels, and
on or before the 9Th day Of November, 1856, forty
barrels of the value ofS2 90 each and ofthe total
| value Of $500 90. That on May 18th, 1858, said
| Grannis as executor as Aforesaid, paid over 10
! said defendants to replace 20I barrels sold by
| said Samuel C. Ives after the date Of said orgi-
/ nal lease, and to the use Of which defendants
were entitled by said lease, S4G2 90, being the val
| ue OF the last named barrels, with which sald
/ sum it was the duty Of said defendants to have
| procured 2Ol barrels OF the value aforesaid and
| to have accounted for the same as barrels en-
braced in SAID original lease That neither said
40 barrels, nor said 30 barrels, nor the barrels
| which should have been so brought and account
/ ed for, we're embraced in the barrels SO released
/ by said Eliza J., to said Lucas as aforesaid, and
| they should have been returned at the termina-
/ ton Of said lease or within months thereafter
| 70 wit: on or before January p, 1862; yet de-
/ PENDANTS have fsiled TO return them or any pOr-
/ ton Of them; wherefore Judgment is asked as
| above stated. Defendants viii answer by March
Z, 1858, or Judgment will be taken by default
Jan. 5, is6S. RANNEY, BACKUs& NOBLE,
Il isn6:427 Plaintiffs Att'vs.
/