The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-11-05
AsrupRNpous.rRAup.; A
A Sensational Suit Brought EHin't q Well.
Known Kentucky DiAtillsr.

Known Kentucky DlAtiller.
LOUISVILLE, KY, Nov, A sensations
suit, charging wholesale fraud agsins
b Richard Monarch, well.known distillsI
and property owner Of Owensboro, wa
filed in the United States Court this after
noon. The style Of the suit is. Simon J
Flannigan and wife, Virginia Magic, Jos
: eph +. Magle and Lillian Magic, vs. Rich,
ard Monarch, John Callaghan, and the
, Daviess County DistilIery Company. The
petition states that the plaintiffs live In
Galveston, Tex, and that on the 18th Of
, April, 1877, a partner ip was entered into
| between Richard Monarch, j. F. Magic
and r. E. Durham as diatillers. Monarch
was 10 furnish one-half the means, bear
one.half the losses, and receive half
the profits. Magic was to receive three
fourths Of the other hall, and Burnham one
fourth, Monarch to manage the business
and receive 5000 per year salary. The
partnership was TO continue until Novem-
Der, 1888; but was dissolved by Magle's
death in June, 1850. Magls's widow al
terward married Simon ]. Flanagan, one
OF the plaintiffs. The petition states that
the profits OF the business were $50, ,54.
This, 1t is alleged, was received by Mon
arch and converted to his own use, except
81, ,453, which Burnham received. Magle
paid more than S57,0S2 into tho business.
The petition states that tue plaintiffs are
entitled, frat, 10 the excess Of the capital
stock over his part; second, to one.half Of
the net profits earned and received by said
firm. Burnham having been settled with,
his part paid, and having gone out Of the
firm before it dissolved.
THE WHISKY PROFITS.
Richard Monarch, it is charged, caused
one.eiGhth OF the profits, $l2.453, TO be
paid Burnham in whisky, out OF whisky
made by and belonging to the firm, and he
fraudulently caused, it is asserted, to be
entered on the books, charge of $l5,.
s4l IS thereiorand deducted from Magle's
interest. The petition charges that Mon.
arch sold to Monarch 4 Millett whisky at
less than the market price, and also sold
large quantities 10 Magic 4 Burnhan,
charging more than the market price. 1t
Is charged that he kept other members of
tIe uIu III IklOIhuC-t anu ny tulS Auu
other methods made the firms books
show the interests aud profits OF ]. F.
&la2le to bs less than they were by more
than $50 900.
Furthermore, it ttltes that he appropri-
ated to his own nae and not accounted for
more than $50 900 belonging 10 Mugle. II
is alleged that when the firm dissolved 1t
nwncd property amounting to more than
| 900 over its ind zb:ednesa. The peti.
ton then giveaa numher Of alleged iraudu.
lent entries made by Monarch; one in
stance rs follows: 1t is thought that he
made Masle present OF ten barrels Of
whisky, upen which the taxes amounted
to Si4G Is, aud charged that amount to |
the latter. He then, It is affirmed, Credi-
ted the himself with like cum, thus
making Magic pay taxes twice. The
document also states that IN July, 1850,
Monarch induced Mrs Maggie to enter Into |
q partnership with him under the name Of
h Monarch 4 Co, as distiilers. The firm
was 10 last i've years and IS 900 was to be
paid in by each as the capital stock. 1t is
alleged that she paid into the firm more
than $1,000 and he transferred the as
sets OF the firm Of Monarch, Magle i |
Burnham to tho new arR aud credited
himself With q SGna as large as the capital |
stock. He furnished no money, it iB |
claimed, but used this fsiets OF the old |
firm and credited himself az the payment |
OF this part OF his Es;t Of The capital stock.
THE FR.uns.
On December 10, 1850, the assets belong.
ing to ]. 4. Magle and E. Monarch, as
members OF the old firm, amounted to
s270, 600, all Of which, it is atated, Monarch
received and never accounted for From
1850 to lSSa, the petition says, Mr.. Flanni'
gan paid into the firm Of B. Monarch &
Co. $4,000. During the first year Of 4he
new firm it charged that Monarch cred
tied himself with $4,000 salary, and $1,000
for each succeeding year. 1t is alleged
that he has bought lands and property
with tho assets OF the Arm, and taken titles
in his own name. A list given oi the |
houses and lots purchased; nearly all OF |
the property is near 0wensboro. dc also
bought steamboat and another distillery |
in the same alleged way. II says he pur- |
chased groceries for his family use and paid |
for them in whisky belonging to the
Grm. 1t ssys he made entries on the
books showing that he had traded whisky
for groceries at more than the market
prics and credited himself with the differ
ence, claiming to be entitled to 1t on &C.
count OF his superior trading ability. II
charges that he also bought three.fourLhs
interest in the Kentucky Club Distillery
and formed partnership with John Cool
aghan. Ho paid $l1,0O0 for an interest
in the business, taking the deed in his
own name 1t furthur charges that Mon
arch and Coolsghau had also entered into
q conspiracy 10 cheat the plaintiff. out Of
their rights. 1t states that Monarch had
used the old firms trademarks, which
were we'll established, in the new enter
prise. Some time ago, it is alleged, he
represented to Mrs. Flaunigan that her
interests were small and offered 10 buy
hers hare for 81 800. The petition claims
that the assets OF the firm OF R. Monarch
& Co., will amount 10 over $500, 600, and
prays for complete settlement Of part.
neiship.
Amtx'cAn's Revenge on His Rival.
GuypsroS. TEx,. Nov, 1 4-lntelligenCe |