The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1868-10-17

Cincinnati.
THE SUPERIOR COURT OF CINCINNATI HAMIL-
Tos COUNTY, ONO.
jesse r. Grant
Ha.man Mack, Henry : Petition.
Mack, l. Simon Mack,
partners as Mack Bros
"The plaintiff states that on or about the sixth
day of of December, a. ID. 1862, he entered into
an arrangement with the defendants for the pur-
pose OF partnership purchases of cotton, in the
Military Department commanded by General L.
). Grant, the condition of said Agreements being
as follows:
Defendants we're to furnish all the money that
might be reoUired in the said business, and the
necessary number of msn to purchas. and shin
the cotton, they being allowed seven per cent.
per annum fer tbs money so employed durin. the
time it necessarily used. Plaintiff. on his
part, was to 90 with the men furnished as afore-
said by the defendants, to the headquarters of
General Grant and procure permit for them to
purchase cotton, secure transportation and such
other facilities as might DO consistent with the
usages and interests Of the army. The defen-
dants were to have the cotton thus purchased
shipped Immediately to New York and sold and
the net profits of sales, after deducting from the
Sress proceeds the necessary expenses of buving
freight and selling, except the wages of the men
furnished as aforesaid by the defendants, were to
be divided among the parties in the proportion
of three-fsurths to the defendants and one-fourth
to the plaintiff. The plaintiff in no event being
liable for any portion Of loss that might DO in
CURED. Plaintiff says that said agreement was
at once and faithfully carried out upon his part,
and also was by the defendants SO far as the pur-
chase of cotton, its transportation to New York
and sale We're concerned, but defendants have
broken said agreement in this, that they have ut
terly failed and refused to render To the plaintiff
any account of such transactions, or to paw over
to him any portion of his share of the profits sris
ing from the same, although said account and
payment have been repeatedly demanded by the
plaintiff. Plaintiff says that under said contract
large amount OF cotton was purchased, as mauy
as three hundred bales or more, at an average
cost of from fifty to fifty-fonr cents per pound.
and which were sold in New York at such prices
as to realize = net prsft of $4,000 or over. The
exact number of bales purchased, the precise price
OF such purchase, and the exact amount OF e1.
psnses and of prooseds Of sale, he is unable to
state the account of the being in the possess
ion of the defendants, who refuse to furnish a
statement Of it. But the amount purchased and
the net profits realized, are not less than above
stated, while the Same may and probably will
exceed the amounts before stated
Plaintiff asks that All account NAV be taken
between himself and dsfendants and that the de-
PENDANTS may be ordered to pay over to him such
an amount as may DO found due to him from them
under the agreement hereinbefore set forth and
that all such other orders may be made in hi,
behalf as he may be elsitably entitled to in tn.
premises.
iSigned II. Snow
Attorney for Plaintiff.
state of Ohio, Hamilton County, S.: Jesse
H. Erant, the plaintiff, makes oath that he be-
neves the statements of the foregoing petition 70
be true. Jesse /, Cv.rr
Subscribed and sworn before ne this 3lst d.v
OF December A. ID. 1863. Wn 4. JONES.
Notary Public, Hamilton County Ohio.
tNetorial seal
Jesse H. Grant VS.. Hartman Mack, Henry Mack.
ana Simon Mack, Partners Az Mack Brothers,
hcton for partnership scaount and for specific
ana general relief Issue Summons. n. Snow,
Attorney for plaintiff
To the Clerk Of the Superior Court Cinc;rnst;
Endorsed.
NO l"oo'-Supsrior Court, Cincinnati.-,Jes.e
n. Grant VS.. Hartman Mack end others. Petition
MED January ., 1864. Charles T., Cist, Cl,rk
oy f. Hoffman, Deputy. II. Snow, Attorney for
plaintiff.
SUPERIOR COURT OF CINCINNATI.
=, n l5i Mack It at vs., Jesse Il. Grant no.
-A"A ',o S"Iu uelthdsntB como and demur In
me petition OF the said plaintiff and for cause of
demurrer saw
,See0ha' The said petition does not state any lc-
gal and valid consideration for the alleged un-
oettskihs ana oohgauon of the defendants
Ihid Inc contract on which the suit is
brought is contrary to public policy.
Inc defendants therefore ask Judgment and
that they may be dismissed with their costs.
CALDWELL & TUDEN,
Attorney for Defendants
Indorsed-No. 1857. Superior Court. Gin.
cinnati. HarmaR Mack Il al, vs. Jesse r. Grant.
Demurrer of Defendants
Caldwell Il TuDEN."
When the petition and demurrer were argued.
the following opinion was delivered by Judge
HOadlcy.
SUPERIOR COURT.
General Term-Jesss r. Grant Vs. Mack Broth.
ers. Judge Hoadley delivered the opinion. The
case was reserved from special term on demurrer