M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-03-12

TIE STATE OF FOHI0yINTONCoUNTY,
lNCOuRr OF COMMON PLEAS.
George Barnet, Pltf.l
William Bray,
George W. Johrston.l
JOSEPH HANEN, of Washington county in
81 the State OF Pennsylvania, will take notice,
tnat George Barnet, OF the County of Vintoa,
the State Of Ohio, did, on the 18th of February
1863, file his Petition in the Clerks office, of the
aforesaid Court Of Common Please, within and
for said Vinton county, against said Joseph
uancn, William Bray and George W. Johnston,
as partners trading under the firm, name of Ha-
non, Bray &CO., dofendents setting forth among
other things;
First. That about the eth. day Of December
1852, the said defendants were dealers in sheep,
mat they brought then, into tho neighborlood
OF the plaintiff, in Harrison Tp., IL slid Vim.
ton county, That they offered for sale part of
said sheep to plaintiff, that the said Bray aud
uaneD, were present, and that said defendants
by said Bray and llanen, represented to the
plaintiff that said sheep were thorough bIed
Spanifh sheep, brought dirsctly from Washing.
ton county Pennsylvania, that the grOWISheep
OF the flock were worth twenty dollarsSler head
that they were of the best quality|offsheep
known, that they would shear FROM six to ten
lbs. Of wool auuGaly, that some of themuknd
yielded ten lbi. OF wool the previous S ping,
the growth Of single year, as said Hanen and
Bray, personally knew. That ihoy were sound,
free from disease &c. That plaintiGwas ignor-
amt Of the bred, quality, s0undness' age and
condition Ofsaid shsep, md Eelied wholly unSn
the representations ofth said Bray and llafen
That pIaintf~sreed to buy fifty head ofpad
sheep, and agreed to payHo,the said Ilanen,
t..
four hundred ibS Of wooleeI anpun% on tlie lst
day Of July in each Of tle'yoars 1858, 1864, 1868
1856 and 1867. That if plaintiff became ussat-
isfed that said detendents were to take back
said sheep and cancel his said five obligations
given az aforesaid, that the first of said Oblga-
u ons was drawn for 400 lbs of wool due July
lst 1862, but that the aforesaid obligations were
traudulently drawn for 47O LIS. of wool each,
instead ot4Oo lbs. as agreed upon
That all Of said representations as to breed,
quality, stock, yield, value and soundness OF
sheep were false and iraudulenE and contrived
to cheat and Gefraud the plaintiff, and that de-
lendents well knewkhe same to be false aud
fraudulent, that said sheep were not spanish,
would not shear, from six to ton lbs of wool an
ually, wefe not sound sc. That paintiff reQues-
| Ted deiendcnts to tako back said sheep and can
eel said obligations &C.
That said llanen, is a resident of the State Of
Pennsylvania, that, AID obligations are in pos
| session ofsaid Bray, tiN SAID plaintiff has been
and is at the eXpenee ofkeeping said sheep at u
cost Ofnot less then seventy-iyc els. per day &C.
Second That the said defendents at the
same time ana place, further intending to cheat
and deiraud the plaintiff under like false and
fraudulent representations, as to breed stock,
value annual Yield of wool, etc. procured the
plaintiff TO ciil6r into contract to keep fifty
mead OF said sheep for the periOed of 6ye years,
Oh shares, Of same breed and quality, that the
same were to DO not over three years of age, a
lik number at the end of the term to be return
ed 10 delendents, and besides plaintiff in the
mean time was to deliver to defendants on the
lst day Of July 1863 one hundred fbs ofwool on
the lst day OF July 1864, two hundred fbs of
wool, on the lst day of July ls65,,one hundred
anti fifty lbs of wool, on the lst day Of July 1866
one hundred and fifty lbs wool; and on the st
day Of July 1857, one hundred and fifty lbs of
WOOD, That if the plaintiff became dissatisfied
saG deiendents were to recind raid contract,
that plaintiff was ignorant as to quality, breed,
ralueyelG and soundnesS, of said sheep, received
the same, and gave his obligations for the de-
livery Of said wool to defendents, at times an |
in amounts as stated, that the representations
Of 1cfendents were false and fraudulent as they
knew, that sheep were unsOund, would not yield
wool Ms represented etc. that plaintiff sent a
messengerR0 said Bray requesting him to take
back said sheep, and deliver up aforesaid obliga-
tions TO the said plaintiff, that said Bray, relis-
ed sotO do that said obligations are still in the
hands ofsaid Bhy, that the keeping of said fifty
head OF sheep is worth seventy five cts per day
from the 27th day ofDecember 1862, which said
petition contains Prayer.
That the said. .defendents and each of them
mny be enjoined- from assigning transferring or
in any manner disposeing of said obligations or
any or either of them, that on the final hearing
of this cause the Court may order and decree
that both Of said contracts may be cancelled
and declared of no effect, that the defendents
may be compelled to deliver up oil Of aforesaid
obligations, to take back both said lots Of sheep
and Fay the plaintiff for keeping same, not less
than sevonty-fve cts per day, for eacn ofsaid
lots Of sheep, that the plaintiff be discharged
from all the obligations Of said contracts, and
that be be restored to all he has lost by reason
thereof, and such other relief US may be accord.
ing to equity
And said defendents will tske notice that an
injunction has been allowed in this cause
McClintick, q Smith GEORGE BARNET.
= Bratton, stt'ys for Pitt. Feb.2sth-6s-su.