The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1868-10-17
to the petition. The action was Instituted for
the settlement of partnership account.


the settlement of partnership account
The plaintiff AYERS that in December, 1862, he
entered into q partnership with defendants fol
the purchase of cotton in the military depart
ment of u. s. Grant; the condition of the agree
ment that defendants were to furnish the capt
tai and the men to purchase and ship the cotton
and the plaintiff to procure at headquarters OF
General Grant permit to purchase it, secure
transportation, and such other facilities as might
be CONSTANT with the usagss and interests of
the army. The plaintiff was to receive one-fOurth
share of the net profits of sales after dedueting
frsm gross proceeds the necessary expenses. The
petition further states that there was realized
profit in the defendants favor Of not less than
$4,000, and that they refuse to render an ac-
count, or pay the defendant his proportion.
The defendants claim that the plaintiff con-
tributsd by his own showing, neither capital nor
lawful service TO the co-partnership, and that
their agreement to pay him a share of the profits
is, therefore, without consideration.
The court cannot presume that the plaintiff
intended to allege that lie undertook that which
was prohibited by law. His acts and promises
may have been illegal, and the partnership one
for a forbidden enterprise, but in the absence of
an answer SO avsrring, the Court cannot assume
it, unless tho averments are inconsistent with any
other theory. .,,- .,4- --,- .- -
The purchase of cotton in the military DEPART
less carried on by permission of the President,
obtained through the Treasury Department.
The plaintiff AYERS that he was to go to the
headquarters of General Grant and procure q
permit to purchase cotton Whether this was
expected to be obtained from the General him
self, from some member of his staff, or = Treas
ury agent at headquarters, is not stated. Wheth-
Ell the plaintiff was to procure it as a personal
favor, or by the use of personal influence, or in
WI,
The Court could not presume he was to get his
permit from an officer not authorized by lsw to
give It, or that he was to procure it as the re-
ward Of personal, Political, or other iIlegitimats
influence. They must rather infer that he pro-
posed to solicit and procure permit in the ordi-
nary and proper way, from a Treasury agent
having authority to issue it.
Again. 1t is averred that plaintiff was TO and
did secure transportation. This may have been
done by procuring from some quartermaster, or
other officer controlling it, the improper and il
legal use of government horses and wagons, or
steamboats,; or, he may have hired horses and
wagons from the people of the country, and &C.
cured steamboat transportation in the usual way
lhe mere fact that he was to secure TRANSPORTS
ton at the headquarters Of General Grant ia not
decisive.
The other item OF service, the procuring of
such other facilities as might be consistent with
the usages and interests of the army is open to
the same double reading. These facilities, what
ever they were may have been procured by hon
est or dishonest influences
For these reasons, the defence suggested must
be presented by answer,-The theory that the
employment of the plaintiff was to procure the
illegal cooperation of the military in private en-
terprise must be alleged by sworn answer If
true, 1t was equally dIsgraceful to the defen-
dants and the plaintiff, and if proven, would in
sure the dismissal of the petition with reproba-
ton to the two parties, upon the principle, among
others, an 1r5 de(tcto, potter eS cOadit0 deteHden-
u.s.. Demurrer overrued and leave to answer.
Juage Storer agreed with the other members
OF the Court on the question OF the pleadings,
and telt constrained to say that the whole of the
trade, as disclosed in this proceeding, was not
only disgra2efdl, but tends directly to disgrace
the country 1t is the price of blood
The whole affair appears highly discreditable
to the Grants, both son and father Jesse r.
Grant used his influence with Ulysses to obtain
permits, and transportation for his partners
They got cotton, and in return supplied the ene-
my with money, food, and clothing. And so
General Grant undoubtedly aided and abetted
the rebellion. Judge Storer spoke tae truth when
he remarked that this whole cotton trade as dis
closed was 'djsgracetm to the country, and uas
tie price Of 6lo0d"