Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-01-09


In Common Pleas, Cuyahoga County Ohio.
UNHE said Henry G. Lucas and Francis
Rowe will take notice that on the 2d dav Of
January 1868, the said Plaintiffs fled 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 recover the sum Of S902OO
with interest thereon from January Ped, 1862 -
sad petition sets forth that on the 22d day Of
July, 1856, Samuel c. Ives, then IN life, and the
owner Of property described in a 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 sad property with defendants,
which was duly recorded IN CuyahOga county
Records. That on August sd, 1856 said Ives
died intestate, having by the terms Of his last
will and testament, which has been duly pro-
bated, appointed John C. Grannis 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 C. Ives, and the sole
devisee and legatee OF the property named in
said lease. That said ]. c. Grannis, executor, on
the 8th day Of May, 1861, assigned said lease 70
said Eliza J. Stone, then Eliza J. Ives, but since
married to said Frank ID. 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. aThat 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 7,152 casks, of which G,7OI were
released for the period Of one year to said Lucas
on July p, 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, 1856, two hundred and ten barrels, and
on or before the 9Th day ofNovember, 1856, forty
barrels the value ofS2 OOeach, and Ofthe total
value Of $500 %. That on May 18th, 1858, said
Grannis as executor as aforesaid, paid over to
said defendants to replace 2OI barrels sold by
said Samuel C.. Ives after the date Of said origi-
nal lease, and to the use Of which defendants
were entitled by said lease S4O2 co. being the val
ne Of the last named barrels, with which SAID
sum il was the duty Of said defendants to have
procured 2gl barrels Of the value Aforesaid and
to have accounted for the same ss barrels en-
braced in SAID original lease. That neither said /
30 barrels, said 40 barrels, nor the barrels
which should have been so brought and account
ed for, were embraced in the barrels 50 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- !
lendants have fsied to return them or any pOr-
lion Of them; wherefore judgment is asked as |
above stated. Defendants will answer by March |
!, lse3, or judgment will be taken by default /
against them.
Jan. 8, 1863. RANNEY, BACKUS& NOBLE,
jan6;427 Plaintiffs Att'ys /