Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-02-03
LEGAL NOTICES,
Eliza J. Stone and Frank D. Stone, husband Of
said Eliza J., Plaintiffs, vs. Henry G. Lucas,
Defendant.

Eliza J. Stone and Frank D. Stone, husband Of
said Eliza J., Plaintiffs, ys. Henry g. Lucas
Defendant.
In Common Pleas, Cuyahoga county, Ohio.
TTNhe Defendant will take notice that on
the Ind day Of January, 1868, the said Plain
this filed their petition against him in the Court
Of Common Pleas, OF Cuyahoga County, Ohio,
the object and prayer Of which petition IS to re-
cover a judgment against said Henry G. Lucas,
in favor OF Plaintiffs, for 81, ,63S 25, with interest
thereon from December 22nd, 1852, which amount
is claimed to be due Plaintiffs by reason Of the
allegations Of said petition, which are IN SUB
stance as follows That on the 22nd day Of July,
1861, the said Eliza j. Stone, then unmarried, by
her maiden name Of Eliza J. Ives, leased TO de-
fendant by a lease in writing, copy Of Ehieh Is
attached to said petition, the Ives cleveland
Brewery, its appurtenances, and certain casks
barrels and other property connected with the
business before thai time carried on there, the
property so leased, both real and personal, beng
the property of the said Eliza J. and still contnu-
ing to be such, although since said lease was
made she has been married TO the said Frank u.
Stone. That the barrels and casks covered by
SAID lease consisted Of eighty-six hogsheads,
which had been received by said Lucas, under a
prior lease to Lucas & Rowe, in good order and
ofthe value Of $500 eachi Of $40 barrels, which
had in like manner been received by said Lucas
| in good order and worth $500 each, of s66 half
| barrels which in like manner had been received
by saidLucas IN good order, which were otthe val
ue of Sl75 each, and OF nine other casks the ehar-
acter, condition and value OfWhlch are unknown
to plaintiffs That by the terms Of said lease, De-
fendant was bound to return, as therein provided,
/ on or before December I'D, 1862, in good order
"A of SAID hogsheads and 1913 Of said barrels yet
| Defendant has hitherto only delivered 81 Of said
| hogsheads of the value Of $500 each; that OF
/ said barrels he has only delivered in good order
/ 32Sl, and in bad order 637. That those IN bad
order are of less value than they would have been
/ if delivered as good as when Defendant received
/ them, by s473. That in substitution for barrels
/ received as aforesaid, Defendant has delivered
in good order but Of less value than said barrels
by p cents each, (making Sll3,25,) 453 half bar
/ rels. Defendant has also, by way Ofsubstitutioni
/ delivered log half barrels in bad condition and
/ less valuable than the barrels which should have
/ been delivered by 5000, and he has utterly
/ failed 10 deliver the remaining 456 Of said bar
/ rels which are ofthe value Of $1,000. Where
fore Plaintiffs claim that said Eliza J. Stone has
/ sustained the damage for which Plaintiffs ask
judgment as above mentioned
Defendant will answer said petition by the sew
/ enth 9TH day Of March, lsG3, or judgment will
/ be taken according to the demand of said pet-
/ ton. RANNEY, BACKUS & NOBLE,
jan 9Th, 1868. Plaintiffs Attornies.
| jan7;427