The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-07-02
SUIT.

Tho Action Growing out OF tho John Por-
ter Compauy's Affairs-Porter's Answer
SIRy Mako Grav5 Charges.
special Dispatch to he Inseltig:ne:.
srEuBENvtLbE, o., July LA suit was
filed in the common pleas court yester-
day that will likely open the details Of a
business transaction which has been
the subject OF much comment in the
Ohio Valley, The title Of the case is the
John Porter Co., OF New Cumberland,
W. Va, VS.. John Porter, and the attor-
neys for tho plaintiff are Alfred Cald-
well and John NJ. Cook. The petition
Is based upon three causes OF action, the
first OF which is on account for $iS8.24.
The second recites that on April 10th,
1890, the plaintiff corporation purchased
from Porter certain fire clay properties
for tho sum Of 100000, but portions
thereof were subject to deeds of trust,
one on the Eagle Fire Brick Works TO
Hugh L. Irwin to secure Mary A. Stew
art, Administrative for the sum OF
Sc 6.66666, and the other on the Etna
Fire Brick Works to John A. Campbell
to secure David s. silvera for 5000,
both OF which deeds of trust the defend-
ant agreed to discharge and to pay off
the indebtedness, but he has utterly
failed so to do.
The petition further recites that at
meeting OF the board OF directors OF the
company, held May s, 1901, the defend
ant agreed 10 discharge all of the above
Indebtedness. at the same meeting
the defendant proposed to execute to
the company his promissory note for
$4,000, payable in nine months, as q
guarantee that he would pay of and
discharge such deeds OF trust and the
company accepted said note, but it was
entirely deceived by said Porter as to
the amount OF such indebtedness, as it
was much larger sum that was falsely
and fraudulently represented by said
Porter, and had the company been
aware Of this sum 1t would not have ac-
copied the note. Porter refused and
neglected to pay and discharge such
deeds Of trust within the nine months
agree upon, and between February s
and May 12, 1892, the company was
obliged to pay the sum Of Sl3,779.74, no
part OF which has been repaid, and for
which it asks judgment.
/ GOI bllAA Suhep Va aSbASA SA0 RStA-
ton recites that at the time Of the de-
livery Of said note as pledge for the
security OF the came, Porter delivered
to the company $50 shares OF tho capi-
tai stock Of the company Of a par Of
$4,000, and as he did not discharge
such indebtedness as agreed the note
for $4,000, as well as the stock pledged,
has become payable and the property
Of the company. An accounting Of the
amount duo Is prayed for and the sale
Of said stock ordered that the proceeds
may be applied to the payment OF said
indebtedness.
Personal service was had upon Porter
in this city yesterday, and an order Of
attachment issued garnisheeing funds
Of Porter in the National Exchange
Bank. It is claimed that the answer Of
Porter will make some grave charges
and the suit will be fought with great
bitterness. In his answer Portor may
also recite tho manner in which he was
frozen out of the company. In any
case Porter's answer will bring out
sensational disclosures. John Porter is
at present Republican candidate for
sheriff Of Hancock county, w. Va, and
the news of the suit created some little
surprise in business circles.