New Orleans Republican., 1872-11-10

of which he was legally entitled to receive
hVe-n1nths OF the net amount, after deduct
| ing the reasonable and necessary charges
and expenses of transportation, insurance.
| storage and sale of the same. That the de-
! tendants rendered and presented to him q
| false, incorrect and fraudulent statement.
| and the accounts of the amounts realized by
| them for said cotton, and of the expenses
| incurred and paid by them on account of
the same: that he was not personally pres
| ent at the sale Of the cotton, and that he
| depended entirely upon the truth and cor.
rectness of the accounts made so him By
! the defendants.
The plaintiff further states ebas de.
PENDANTS falsely and fraudulently stated
and represented that they sold the whole
10: of cotton at Memphis, and at the market
| rates in the city. but that he is informed,
believes and states, that large portion of
the cotton, to wit: seventy-six bales. was
sold in the city of New York, at the market
rate in that city. that the defendants have
fraudulentiy stated at various times. that
the entire amount of cotton received and
sold By them on the joint account was one
hundred bales. for which they received
So, ,430 80, and that the amount due him
as his interest in the same was $14.79S 81.
they have also falsely claimed that they were
entitled 80 keep 0ne-seventh of the pro.
ceeds Of said cotton in addition to their
fOur-ninths share, and that they have and
still do refuse to pay him the proceeds of
such share except under conditions as
stated, that they have paid over to him
Sl4,796 -, and no more, as his Just and
full proportion of the proceeds Of said
GOTTEN received by them.
The plaintiff makes the following aliega-
tiCn as the sale of the cotton by defcndants |
and the amounts received by them tor the
same after deducting the necessary charges
i2l bales sold at Memphis. $37.I78 IS
80 bales sold at New york.............. So 900 90
Total B96,o78 Il
Plaintiff denies the right of defendants to |
withhold the one-seventh claimed by them, !
and alleges the amount due him on the |
sales to be 54,2l5, of which he has received |
but Sl4I96 -, which leaves a balance still |
due him of S39 4l8 08. From the plaintiffs /
petition it appears that the said DIR. s. NJ.
Wheaton, in lieu of sufficient remuneration,
transferred to him all his interest in the
said contract with Bridge & Co., as stated
above; that the total sales made by de-
PENDANTS. as reported to him under this
received $2l2 l43 96, and that the actual
charges paid by them were $l35, 1868 OIL, and
that there was due him under this agree
ment $40 058 81.
The actual sales made by the defendants
is alleged by plaintiff to be 875 bales, for
WHICH tn6Y received, tOf 403 DaIeS SOIu IN
Memphis. $l37,734 l3, for 354 bales sold in
New York $282. 1872, and that he is entitled
to one-fourth the net profits in these sales,
which amounts to ST., ,922 03, of which
amount was received the sum of $19,06S 81
as above mentioned, and there remain vet
due him So, 1868 04. Plaintiff further allie
ges that his just and fair proportion Of the
proceeds and profits of the several transac-
tions, and of the several sums received by
defendants, amounts in the aggregate to
s427 1873 90 over and above all Just credits
and payments, for which the defendants
wholly refuse to account, and ffaudulently
withheld fran him.
Plaintiff therefore prays Judgment that ac-
counts be taken and stated by and under
lirectlon of this court, between the plaintiff
and defendants, of all the transactions be- {
5ween them, and that upon said account
payment be aljudged to the party or par ,
les entitled thereto in such proportion as
he court may deem just and proper, and !
hat the plaintiff receive his costs and such j
'rher Judgment as the court may deem
1ropeT IN the premises.