Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-30

Eliza ]. Stone and Frank D. Stone, her husband,
Plaintiffs, VS.. Henry G. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyshoga County Ohio.
VNHE said Henry G.. Lucas and Francis
Rowe will take notice that on the I'd day OF
January, 1868, the said Plaintiffs filed their petit
ton in the Court Of Common Pleas, IN and for the
County Of Cuydhoga, Ohio, the object and prayer
Of which petition Is to recover the sum Of S9O2,OO,
with interest thereon from January I'D, 1902
SAID petition sets forth that on the 22d day OF
July, 1856, Samuel G. Ives, then N life, and the
owner Of property described in lease, copy
OfWhieh IS attached to said petition and known
as the Ives Cleveland Brewery and its appur-
tenances, casks, barrels, &C, entered into con-
tract Of lease Of said property with defendants,
which was duly recorded in Cuyahoga county
died intestate, having by the terms Of his last
will and testament, which has been duly pro-
bated, appointed John @. Grannis his executor,
who duly qualified and entered upon his eNecu-
torshp 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. c. Gfannis, executor, on
the sth day OF May, 1861, assigned said lease to
said Eliza j. Stone, then Eliza J. Ives, but since
married 70 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 same. 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 defenaant's possession
during said term 1872 casks, Of which 6,70l were
released for the period Of one year TO said Lucas
on July %, 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 or before Noyem-
Der 9Th, 1896, two hundred and ten barrels, and
on or before the 9th day OfNovember, 1856, forty
barrels Of the value ofS2 90 each, and Ofthe total
value Of $500 90. That on May 18th, 1853, said
Grannis as executor as Aforesaid, paid over 70
said defendants to replace 20l barrels sold by
said Samuel G.. Ives after the date Of said origl-
nal lease, and 70 the use OF which defendants
were entitled By said lease, S402 90, being the val
ue Of the last named barrels, with which SAID
sum it was the duty of said defendants to have
procured 20l barrels Of the value Aforesaid and
to have accounted for the same as barrels EN-
braced IN SAID original lease. That neither said
30 barrels, nor said 40 barrels, nor the barrels
which should have been so broughtand account
ed for, were 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
to wit on OF before January p 1852; yet de-
PENDANTS have failed to return them or any poT-
ton Of them; wherefore judgment IS asked as
above stated. Defendants viii answer by March
7, 1868, or Judgment viii be taken by default
Jan. 5, 1858. RANNEY, BACKUs6 NOBLE,
jan6.4ZI Fl9nLn = ~ ".