Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-08

Eliza ]. Stone and Frank D. Stone, her husband,
Plaintiffs, VS.. Henry G. Lucas and Francis
Rowe, Defendants.
In Common Pleas, Cuyahoga County Ohio.
THE 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 Cuyahoga, Ohio, the object and prayer
/ Of which petition is to recOverthe sum Of 10000,
with interest thereon from January Z2d, 1862 =
/ SAID petition sets forth that on the 22d day Of
| July 1856, Samuel @. Ives, then IN life, and the
| owner Of property described in a lease, a copy
/ ofWhich Is attached to said petition, and known
as the Ives Cleveland Brewery, and its apPur-
tenances, easBs, barrels, &C, entered into con-
| tract oflease Of said property with defendants,
/ which was duly recorded in Cuyahoga county
Records That on August 23d, 1856, said Ives
died lptestate, having py the Terms q MS last
/ VII and testament, which has been duly pro-
/ bated, appointed John Q. Grannis his executor,
/ who duly qualified and entered upon hisF execu-
torship. That the Plaintiff, ElizaJ. Stone, is the
sole heir Of the said Samuel c. Ives, and the sole
| devsee and legatee OF the property named in
said lease. That said J. G. Grannis, executor, on
the Sth day OF May lS6li 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 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 defendants possession
during said term 7,l52 casks, Of which 6,7Ol we're
released for the period Of one year to said Lucas
on July p, 1861, the said Eliza j., suppOsng 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, 1886, two hundred and ten barrels, and
on or before the 9th day Of November, 1856, forty
barrels Of the value OF 81 90 each and ofthe total
value Of $500 90. That on May 18th, 1883, said
Grannis as executor as Aforesaid, paid over to
said defendants to replace 2Ol barrels sold by
said Samuel Q. Ives after the date Of said orig-
nal lease, and to the use Of which defendants
we're entitled by said lease, s402 co. being the val
ue Of the last named barrels, with which SAID
sum Il was the duty Of said defendants 10 have
procured POI barrels Of the value aforesaid and
to have accounted for the same as barrels en- |
braeed in said original lease. That neither said
30 barrels, nor said 40 barrels nor the barrels
which should have been so brought and account |
ed for were embraced in the barrels so released !
by said Eliza j., to said Lucas aforesaid, and
they should have been returned at the termina- |
ton Of said lease or within months thereafter, |
TO 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, 1883, or judgment will be taken By default |
Jan. 8, 1858. RANNEY, ,BAcKUs& 4 NOBLE,
jn6:427 Plaintiffs Att'ys. /