The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1871-02-23
Stnrl tpnntp democrat.
A. McGREG1R, EdilO,. .
THURsDA FEBRUARY %.
swINDLE $ COME TO GRIEr.

SNANDLE COME TO GkAEEs
The Cement Roofing DOdSe-Test Ca
ses in the CuyahOga County Court
SwindIers Unable To Force Payment
ON Fraudulent Notes.
Sometime last winter two persons-one
representing himself to be l.. A. Wilder,
of Cleveland, and the other as his agent
passed through this section of the State,
claiming to be engaged in establishing
agencies for the sale of Wilders Patent
Cement Roofing. Their plan of operations
was to 90 to the residence of farmer and
ask him to act as their agent IN selling the
right to use this patent, telling him that
realized from his sales, and then he was to
divide the profits with Wilder, who claim
ed to own the patent. A memorandum
embodying the terms of this contract was
signed by Wilder and the professed agent,
and then the local agent was asked to
sign an order for few hundred pounds
of cement, to exhibit to his neighbors in
making sales, which of course was done.
About three months afterward the agent
received polite letter from Towner, Wal
worth & Payne, attorneys at law, Cleve-
land, Ohio, informing him that his note,
payable to 1. A. Wilder, was due and pay
able, and that it belonged to party by
the name of Moses or Lawrence, who had
purchased the same before due, payment
of which was requested. The agents of
course were indignant, and informed the
attorneys that they had never given such
note, but many compromised rather than
have lawsuit. Of course the agents
never intended to execute notes, but in
many cases were deceived and signed a
note when they supposed they were sign
ing an order for cement; in other cases,
when the swindlers found they could not
practice the fraud on the party they were
dealing with. they procured the signature
to the order and afterward forged the
name to note, so nearly initiating the
genuine signature as to deceive the party
whose name was forged.
Notes amounting In all to about $780,
900 were procured by these parties in diff
ferent parts of the State, which were OF
course transferred to other parties, most
of them to two parties-one by the name
of Moses, and another by the name OF
Lawrence About fifteen of these notes
were procured from parties in Belmont
county, ali of which are now IN the hands
of Lawrence, and on most of them suits
are now pending in the Common Pleas
Court of Cleveland Wilder, the indorser
or rather his family living there, was sued
as indorser, and the makers living IN 9TH
er counties, were joined into the same
suit, thus compelling the parties to either
pay the notes or incur the expense Of a
lawsuit at Cleveland.
Four of these suits were tried at Cleve-
land last week, in all of which judgments
were rendered in favor of the defendants.
Judge Payne, on the trial of these cases,
charged the jury In substance, as follows
THAT if the name TO the note was genu-
Inc, yet If, when the party signed the pa,
per, he believed he was signing an order
for cement, or any other paper other than
promissory note, the note would be void
IN the hands of the payer or any subse-
quent holder" Under this instruction
the jury of course returned Verdicts for
the defendants.
The cases from Belmont County tried,
were Lawrence VS. Frank Wilcox, and
Lawrence VS.. VIM. Cooke, in which Gran
mis- & Henderson, of Cleveland, represen-
ted the plaintiff, and j. II. Collins, ot
Barnesville the defendants. In the other
case Towner, Walworth & Payne repre-
sented the plaintiffs, and Mr.. Griswold, Of
Cleveland, the defendants. - BGT7lesOltte
ASTS6cJ pTtSc.
We know of two such cases in this
county and we presume there are several
more. 1t is gratifying that the notes SC
obtained are worthless. The suits have
cost the defendants somewhat however, IN
lawyers fees, trouble &c. Let our far
mers take warning from this. These
scoundrels have not been so successful as
the adroit New York scoundrels who trav,
eled through this section several years
ago selling to individual farmers the right
to make machine for loading hay upon
wagons. They drew the notes legally
disposed of them in the neighborhood and
hurried on. They drove fine team. and
when they travelled made good time.