The Leavenworth weekly times., 1878-08-08


THE STATE OF KANSAS, j..
LEAvENwoRTH COUNTY,
In the District Court:
Arthur Hughes, Samuel +. Lester and John
NJ. Hughes, partners by the Lame Of
Hughes * Lester, plaintiffs,
Against
Robert l.. Hill, George I. Anthony and
Iaac ". Swan, late partners by the
name Of Hill, Anthony Co, Deftn-
dants.
No. |. The said plaintiffs make complaint
against said defendants, Rob. l.. Hill,
George T. Anthony and Isaac Swan, late
partners under the firm name OF Hill. An
ihonv x Co, and say that at and during
the time Of the termination, hereinafter
mentioned, the plaintiffs were partners IN
business in Cleveland, in the State OF ONO,
and the defendants were partners IN the
business Of selling property on commission
in the city Of New York. That SAID ceien-
dan,s. in order to induce said defendants, at
New York City, aforesaid, certain property
OF plaintiffs, hereinafter mentioned, and
to interest said defendants thercwith
and TO put the same into their hands, and
TO sell the same for plaintiffs, and to ac-
count for and pay TO the pl ainiiii. the pro-
ceeds thereof, after deducting their proper
commission or compensation ior services IN
the matter, stated ard represented TO sald
plaintiffs, to-wit: In the year 1861, that
they, the defendants, were, at the time oil
masking such statements and representa-
tions. a wealthy firm, and perfectly respon-
sible that they had put sixty thousand
dollars into their business, and then had
cash capital OF sixty thousand dollars In
their business; that they then had an am-
pie cash capital for all the purposes OF 'heir
business, were entirely and abundaniiy re-
| sponsible and free IRON debt, ana, speaSihg
OF their business in the then pfeceeoinS
year, in the city OF New York, they saia
that they were not IN The catalogue oil tha'
| years failures and suspensions that Lhey
were not among the merchants VINO nau
made advances the then last year 'Eal
they had not advanced on wheat anu gram
that they had not over-sccepted nor suhef-
ed in their business; that they were moi
among the merchants who had over IA, !,
yanced the then last year that they haa
no reclamations for oyer-advances, ana iau
not lost in that way; that they had mus lar
| n
in their business, ahd hau
met with no losses; that 'ney htu pu'
into their treasury cash capital oil sixty
thousand dollars, and still had the same
unimpaired; that they were perfectly respoh
sible and Tor all that they should under
take and able TO carry through all they
should undertake, and that piaintins neea
have no apprehension IN regard TO their
| n The slfptv oil 0Dlny Dusl-
ness with them that they we're all souho
and right, and anything entrusted 10 'heiil
would he safe, and that they could carry
through all that they should unaerIaTe 1ia a1
and that the plaintiffs interests would p'
entirely safe in their hands.
And the plaintiffs say that they, induced
thereto by said statements and represents
tions, and relying on the same, dlu, aite'
the making oi the anne, al tne iei"ee' v
the deienaants. senu 10 g ane uei u, ;u,n H.; :
; ,he Shyo NC" III N iar.,
! hshus, anu enllus' win ,
quantity oi Pers1Iai P,GPel9I aIona;nn :, -
nour' pu..ss anu ny - =. ~
me piaintih 10 sen tne n"I sam. ~, , ,;g
tihs, anu 10 aIcouns ~, anu pai a.;
the proceeus .neieoi' ,; 'ieI ue -
5 proper conipiissi4p, VI .o sa;"ai H.. san,
sald ana lhe oeieIush,s , i. I;, aa,
ior 'na' Puip anu a"a, ,h.,ao
the same anu iecehe .ne P.o , =
S lor the P'a,n'iiis na IL g. 81 ~
f such p,ooeeui ~ .Laf 80, e..
'eeh 'hUusahu eo'i'is 'I' IL IL H.
ABOVE al reuuc'loh' anu .tI .i. e. e.
2 the oeiehaah1s were ehti'ieu " Ln.' na.. ~
r COMMISSIONS or any o'hei Iau ,s wi ~ .I
ana wnich 'ley were pouiu W pc! " ~
E PiaihtihS, out converter anu aPpoPi
r the same 10 their own use. Anu .ne pau
tIns nave IelealeuIy, a, naiious 'in :, ~,
lhe deiehd mus recsi'ea lnI s"i' os
came payapie py ,hens'o lhe Plain',' ms gS SS
pre;siy demahusd tne saIle Iioni tne ".
ieEIautS' pu' 'he uee ~ .I
Paia me s'me nor any par s1iS ,ne, ~ u y
Piaintins' anu ha'e WHOLLY iaheu % " w
, anu nave coI'ef'eu 'iie saiiie " ''is'i wv
use.
And the said plaintiffs say the said state
ment and representations OF the defendant:
upon the inducement and on the belle
upon which they put said property into tn
defendants hands as aforesaid, were, at tn
, time they were made, wholly false and un
true; that the defendants were not, at th'
time OF making the same, or at any tim'
since, a wealthy firm or responsible; tha
t9ey naa %nno moi 'hen or since a cash capi'ai
r oi Soo'ooI, an. anouu. .I IN ,hsi
business una: ihey nau moi .neh % .inc' .u":
r an alipie capItai ior 'ne PurPoses VI lhei
business nor any e4pi'.l ioi .he purpose
but were then and since ever have beer
deeply involved IN debt utterly insolveni
and irresponsible, and that they were II
the catalogue of the then last years failure