, 1876-02-03

posed, but, ~ no WAS In tho minority. Hath
Hardin siding with Cnshman, ha VAS Obliged to
aubMit. Tho result Of tho greasoe part Of those
spoouatfons ffaa hlsassrous, and heavy lebss
Hcre incurred which w0rc charged ngainst tho
firm. .Tlllh continued until tHo9 at which timo
argo doaclenoy llHd accumulated. but as m n!net
which 1t waH hoped could bo Hold for onorigll to
make up The loss. Rssh Hardin then sotrad
aud new firm was mado Of Clslmap and ooul-
pfAinaut, though TBS tnsiness Of tile old ar1n
Has never entirely settled.
In Beptsmber 1873. about st5, oo n.s bor-
fowod from Wllliam II. Cushnan sou Of ". II.
". 0uahman, the defendant, and sonn aftor, Tho
firm neettfng further assistance. mother Appit-
cation for funtfs WA mado 10 him, aud It waB
proposed 70 se!! him pinco Of property IN ilyie
Psrk, worth 4175.0 000 but inoumlezod for 175, ,Q00
aud known ~ tho
riKE 4 HEEn1nsoy'a NINE AuaKs
10 tho n. ". Il Of Hec. 10, 3a ID. William
sl26. 900, or TO make any further advanoos in
lees It we're Hold to him for that amount. Ttle
saor,tlco waa large. tlio "squoe2e tight, but
iiardln stccnmbcd. though fccltnR that tho
Transaction "ss made aec1os!y in tlo tntorsst 81
hry, lB74, made decd 10 sho property III ques-
ton, aud left It With bls partner to bo
delivered whom William Cusl,tnan should pay
3b 600, the balance coming to tho firm from tho
and $4,000 advances to William. Cushsnan,
however, ~ Hardin ch1F9ea, put the dead ou
record Immediately. md also received the s35,-
900 from bis aon without hcoontlsing 10 tho firm.
Among the aasets Of the firm when It caaaod
business was dobt Of $4,000 dao from
II. II. MosoHE
to tho firm. and secured BY trust deed on large
s.noant Of properly. This security Cashu,au
pledged for Honore's debt In aomo mining spec-
has therefore all been Loaf to tho firm. In tho
wutsr Of 1874 aud 1878 Hardin borrowed Of
onahmnn S2o.o .o9o but was, tod that II was bor-
zo"cd by him [Cushtnan} at tho tho ratio Of 1i,4
o.cs pos seAs IL 01 Kssas 'n' w.rssa asst'u rss ~
complainant, however. now chasgcs that
such loan IL fictitious; that Cuahman loaned
tho money himself. and ontY made Buclf repre-
scnsatlons ~ hc did to obtnin al exorblsant ratio
himsolf bo Obliged to pay. 1n Decombor, 1879,
Cuss1man PROPOSED to complainant to tako III
payment OF the amo1tnt duo him, which waa
nbont s324, 900, the remaining unnoll iota Of a
t1e II urn and known as sS %Thss South
Side Homestead Addition" at tko
rato Of $500 lot: Cuslman nlHo agrecd 10 di.
vide any profits that might. remain attor paving
such indebtedness OH sale Of tho lotE Thero
we're 1856 Of these lots. which, II $500 each,
would moro than make up tho 9344 900. No 40
oonnt has over been mads. howovor, Of tho sur
plus, but, on Tho contrary, Cuahman hnB Appro-
prlatcd the proceeds OF tic other lots to hiH own
r,se, aud taiuseato account for any portion Of
than.
Tho complainant fnrthor charges .hat Cuas,-
man now holds besides tho trust-deol Of IIonore
tho tstle to portion Of she = u Of Lot 1B, i'll
In tho County OF Hastings, and Province OF On
tArio, aud other property, ali, however, tneura-
ueEed. Thore ale still outstanding dehta Of tho
firm which Hardin has hocn trying to eostlo TIP,
but !nefeotusly @ ss cussn IN refuses to either
or to account for what ho has.
In January, 1874, tho banking busincss
Was closod, bnt no dissolution Of tho trm has
takon placo. Cushman has sinco takon charge
Of Tho firm books OF account, and refnsos 10 do
liver them mp. Ho owes tho firm moro than oil
It's liabilities, yot refuses 10 pay thot,. Hardin.
therefore, asks that an Account may be had. thAt
tho pa1tnessiiP2 may bo dissolved, q Receiver
appointed, aud tho defendant onjoinod from
Interfering with The firm property.
TIE LUMBER F1nM.
Ibo second bill Nah by tho satoo complainant,
1aAae u. Hardin. aud aRalnAt Jamcs ". Calkins
and ". Il. ". Cushman. Hardin first soss out
tho existence Of the banking firm ot Cuahu,aa l.
Hardin. and then statos that about 1869 10 be-
came acquainted with James W. Caiklns then 4
member Of tho firm Of 1iobcrts, Calkins d Hull
lumber merchants. 1u tho spriug OF 1sBo
Calkins proposed To Hardin TINT ho should Join
him In purchasing largo lumber interest In
Michigan, which he painted ia glowing colors.
Tho purchase WAS aecordiuRly mado May @,
1869. mud tho partnsrs immediately took posses-
sion q Their Is9pesty and commenced conn .s tho man
TINT there mas largo shortage On tho ostimatnd
amount Of good lntnbor, and Calktns also failed
to uomply with ilts various agreements.
In 1873, when Cushmau &; Hardin wound mp
their business Ilardin mont to ManiHLoo llnl-
self and joined Caikius In tho business. During
tho soason OF 1874 Hardin alleges ho discovetod
shortage on logs to tho amount Of 9,352000
feet, worth 5,000. which shortage could not
have occurred In theiordinhry course Of bustuoss,
but must lavo hsppened through frnudulcnt
entries by Ca}kins On the bookA. Various other
charges are made.
In tho sadness n his hoars. Hardin says
that Cnlktns and CuBlmau conBnirc1 together to
1uu down tho prics Of the Michigan lands. and
got him 10 part NTH them at q loss. And IL ar
din, for all tloss rcaeona asks that tho partner
ahip DO dissolved. and d settlement bo had, and
q Keceiyer 10 appointed, 1le further
aBle that Calkins aud DushmAu may bo
brought into court, and tt1ero compelled To OK
| plain, and TINT they may 10 prevented from
| transferring any ot tho property or cfIeGta
| belonging to Hardin. ....
Tho FIRMS asaets aro cstmAtod At 9635, 70G,
! which a1o In bills receivable, lumbar On hand,
| village lots, $4,000 acres Of land, psrAonal and
| other property. Tho liabilities nto $i34, ,038.
MeBsrb, Don't d Black appeBr ~ ao1citors
| for tho complainant in both suitH