The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-02-18

property pohuS w NAS q
thousand fve hNndyed dollars, account
ing in all for the sum Of one hHHdre6
an6-6ve thousand eight AHndys6 dollars,
but their said last mentioned report does
not account for the bonds to the sum OF
fourteen thousand eighi hundred and
fJly dollars, charged to them in their re-
port Of July 18th 1869, as contracts for
materials, and does not show the dis
position made thereof; nor does said re-
port show the amount receivel by them
for the bonds negotiated by them, nor
the rates at which they disposed Of them.
The plaintiff, because Of the confusion
of said reports, and from the want OF a
full, clear and correct account from the
defenda ats, cannot aver the exact
amount of bonds negotiated and dis
posed of by said defendants; nor the
amounts received therefor BY them dur
ing the period aforesaid.
That said defendants received between
the 10th day OF May 1869 and the 18th
day of April 1870, the sum of four MoHS-
and dollars from the Treasury of said
city, to use in the construction OF said
water works.
That while said defendants acted to-
gether as aforesaid, from May 10th 1869
to April 18th 1870, they disbursed large
sums for labor and materials in the con-
suuction of said water works. That said
defendants made no reports from day to
day, or from time to time, to the City
Council, or any office rof the city, so that
correct accounts could be kept of their
receipts and disbursements, and said de-
PENDANTS have rendered no accounts, TOR
the time aforesaid, between themselves
and the plaintiff; said report of Decem-
Der 18th 1870, being merely what pur-
ports to be the accounts between said de-
PENDANTS and the banks in which they
deposited funds belonging to the city.
That the plaintiff has no account OF the
receipts and disbursements of the said
defendants while acting for the plaintiff
as aforesaid, and has no means OF OBJ
tanning such account, except by dis
covery from the defendants.
The plaintiff says that the items on
either side of such accounts, for the time
aforesaid, will amount, in number, to
several hundreds.
So the plaintiff says that it is entitled
to an accounting with the said defend
ants, concerning the matters herein
before alleged, and to discover upon
their oaths, the true state of the accounts
between the defendants and the plaintiff.
Wherefore the plaintiff prays the Court
that said defendants, and each of them,
may be ordered to enter into an account
ing with the plaintiff, before such COM
petent person or persons, as the court
may designate, for all moneys received
by them in their representative and Of
fetal capacity aforesaid, and for all
moneys, properly and legally paid out
by them, on behalf of the plaintiff, as
also for the full amount and value ofthe
bonds of the city received by them, or
of other property the city which came
into their hands as its agents or officers,
and of the disposition made thereof.
And also, it prays that said defendants
may be ordered to pay to the plaintiff
the balance of such sums as they may be
properly charged with, upon such ac-
counting, after deducting all credits to
which they may be found entitled, and
for such other proper relief as they may
be entitled to in law or equity.
WILLIAM A. LYNCH,
City Solicitor for the City of Canton
WILLIAM w. CLARK,
Attorney for the Plaintiff.
The State of Ohio, Stark CountY-ss.
Joseph Trout, on oath, says that he is
the CltyClerk for the City of Canton, that
the facts stated and the allegations con-
tanned in the foregoing petition, are true,
as he verify believes
JOSEPH TROUT,
City Clerk.
Sworn to, by said Juseph Trout, before
me, and by him signed in my presence
this 10th day of February, A, D., 1875.
Z. W. PAGE,
Clerk.
The State of Ohio, Stark County,
Court of Common Pleas.
The City of Car ton, Plaintiff,
VS.. r.o.;,o
Louis Schaefer, Daniel Worley f''''p''
and Jacob Hawk, Defendants.
Issue summons. for the said defend
ants, returnable according to law.
WILLIAM A. LYNCH,
City Solicitor for the City of Canton.
WILLIAM w. CLARK,
Attorney for said City.
To the Clerk of said Court, February
10th, 1875.