The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1876-10-26

plaintiffs need have no apprehension in re-
gard to their responsibility, or the safety OF
doing business with them that they were
all sound and right, and anything entrusted
10 them would be sale, and that they could
carry through all thrt they should under
take. and that the plaintiffs interest would
be entirely safe in their handa
And the plaintiff cay thst they, induced
thereto by said statements and representa-
tions, and relieving and relying on the
same, did, after the making of the same, at
the request OF the defendants, send to the
defendants, at the City of New York, and
put into their hands, and entrust with them,
a large quantity of personal property, con-
sisting OF flour, butter, and highwines, he-
longing TO the plaintiffs, 10 sell the same FOR
the plaintiffs, and TO account for and pay 10
the plaintiffs the proceeds thereof, after de-
Quoting their proper commission or COM
pensation aforesaid and the defendants re-
ceiyed the same Tor that purpose, and there
upon did sell the same and receive the pro-
ceeds thereof ior the plaintiffs, but a large
amount OF such proceeds, to-wit: the sum
of eight thousand doilars thereof over and
above all deductions and claims which the
defendants were entitled 10 make for com
missions or any other cause whatever, and
which they were hound to pay TO the plain
tifls, they utterly and wholly failed and
omitted TO pay 10 the plaintiff, hut con-
verted and appropriated the same to their
own use. And the plaintiffs have repeat
eddy, at various times, since the defendants
received the same, and II become payable by
them TO the plaintiffs, expressly demanded
the same from the defendants, but the de
PENDANTS have not paid the same nor any
part thereof to the plaintiffs, and have
| wholly failed 70 TO do and have converted
the same TO their own use.
And the said plaintiffs say the said state
ment and representations Of the defend
ants, upon the inducement and on the be-
| lief OF which they put said property into
the defendants hands a. aforesaid were, at
| the time when they were made, wholly false
and untrue that the defendants were not,
| at the time OF making the same, or at any
time SINCE, n wealthy firm, or responsible,
that they had not then or since cash cap
| ital, or any sixty thousand dollars. or any
| amount in their business that they had
not then or since an ample capital for the
purposes of their business, nor any capital
| for the purposes thereof, that they were not
then free from debt, but were then and
since ever have been deeply involved in
| debt, utterly involvent and irresponsible,
| and that they were in the catalogue OF the
| then las. years failures suspensions and
| were among the merchants who had made
advances that year, and had advanced on
| wheat, flour and grain, and had accepted
a,J LIZ ,"s ~ ~ me. DLa Isl
anu "st S. aiiio Us. . ,tn I. VINO na J
ri r.aI.",;u, y, IN, WY ,aa. as, .h in
wera vboIIv mr. mostly wor,bIas. far such
| over-,dvancss and had los, LARGELY in IN at
x.v that instead nj HAVING haen Tins f,r
| successful and fortun.,a in their bns;nes,
as above s,a,s1 tbav nd hon unsucce-,fni
| and Unfortunate and had me, with LARGE
and serions losses that the can;taI which
,bev h,J nm, mt hi, s.;a b,,s;D..s w,s
ra, ,,n;nops;,.J h,,, rr.s Hi, l., anJ
como tbst tbsy ware not ,bor r.snons;bIe
o. ,,oo5 for or .bIa 20 CO. ,lrnrnb I'll
thai ,bev shonld under,,ks hui wsse ire
snans;bie and wor,bIeS, and rt,s,Iv nnabIa
az carry n ronab ,ba;- ,nJar,aL;nas a;,bsr
With ,bs ,I.;n,;H. o. It'll o,har.. ,b.t ,bsv
wera NOT lornd o. ,;oh, No. :, /. onnJ;,;nn
which made II safe For rho ,,la;r,;tr. 20 on.
trust their rron.rty or ;ntsres,s 10 ,bsu or
in their b,rds and ,bo;r .c,n,I con5;,;or
vas then sncL "a M, III 70 ;us,;fv onnre.
tensions in rsg.rd N ,bs;r rssnons;b;i;,v
and s,iatv Of do;na hns;ness Nth ,he,,
bu, was on. 81 u,,.r ;,rssnons;b;I;,v ami
vbicb mada II s,,irelv r,rs,fa 40 40 bne;-
noss I'll H., - ,r.s s,oI, as ,h., b.a
the nIa;n,ifi7s lnoyn Wit in foo, II w,s
III 80 - ,ha;r -, 80 he
nsss ,-;,h H. Ja;on5art. IA os,so;.IIv ,ho
bns;rass shova n,an,;onsS
!
anu tne Pi"'h'ins say 'ha' saiu ueIehu-
't ;I a. tne 'inie ~heh tney maae the "ioi lI,
- ~. ~ inu i .h IL,
nn ae 'nat me- "eie nol tuI' anu ~. ma ~
~ III ~ Gnu no. ~ -,
- - IL . ~ -. It 49, H.
eIu anu ieP'e'en'eu Wiz s1en as u.e
saiu tidiii'ins apoHe na.e aheseu .nsuI W
nase peen, anu the saiu s'a'es anu ~ ~ y
fI.'I-. WI. ia-s g n WV" ~ ~
iaaJ; ~ in,ent.or Vi us :i,s anu LIE. hiis
s INC fiain, anu 81
90, g :, ~ - L a. ~. - .ta,.,,a,,.
and renresenta,ions aforesaid the aid de-
fendants succeeded in accornplishinp. And
the nlain,ifs sav that il was SOLELY Inv
means thereof that the nlaintiff, were in
dpced 90 and Ala ;n,rust the defendants
with their said pronerty "a aforesaid. and
thai sid 1sTenas r,S ohi,;na5 the ,o.sassior
of the s,me and the nrocee5s thereof ard
thai The s,ma became LOST 10 the nIaintiffs
AZ aforesaid And nIaintits aver and
claim thai Inv means of the promises the
defendan,s b.v. Jafr.udeJ the nIsintifI.
ont of the same and that there il due 10
the nI,;ntitI, fror, tho defendants hv re,son
Of ,ba nrom;.aS Tho s,.n, of a;obt ,bons,
SoII.r, III ;,,,ar.s, fron, Eavenbsr
ISL a, ,ha ro,a ~ ssvsr nor con, npr an,
num do, La;n, ,ho ra,e ~ interest es,ab-
Esbsj h, ra,,. =, ,la C,a,o 81 NV Yo,l !,
NIL S,o.asa;i I;at;I;,r ,,.. ;nc,,rraJ ,nI
w,s n.vaIJo
Al ,ha ,I.i,,;F, s.r ,h,, whom the
80 - - ,'a1r,,.J .,,;rs,
tba So;.,don," g. Jarond.rts ,ssrn non.
.as;Jan,a 80 ~, So I'D ,h., ,bsv "a
n,a;,as 80. III g., 49,; 49, ,,on.-ss;
dan,a t ,t"o % , Ill - m;,hin L. han two
vears r.en;o ~ ,Sa ,;,,a 81 he com,
,,anoo P ~ ~, -,
VI UNA"
NO. Inc SAID piaihlIiIS iuttner Say
that heretofore, to-wit, IN me year 1911, at
me request oil inc oeiehdah's, VINO were
commission merchants In me Guy OF new
1ork IN the State Oh New hoih, al .he re-
quest oil The defendants, they, ,he Piapi,in,
put mo ihe hahds Oh the ueieii,'ah'S anu en-
Of nsrSoua I ' nramsriv ,oDu;; tionr Lu,ter
and h;oh ~ ths n,ona,,x ri the nIain.
,;tJ. an5 ra,nrn;na I'D nar;rg over 10 the
nla;n,;g, ,Ia nrnns.I. q sncI ale alter
deJno,;n, IT, 800. oo,rm;ss;ons or com.
nenss,;n1 far ,ba;r sa,v;ces in ard ,bont
H. aa,,ar .o al 80 ,ha .,anman, Of ,be
anu nfoii '"e ~ W ~