The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1893-05-11
ABOUT HORSES.
sHeRTzER AND FRY IN A LEGAL CON.
TRovERsY WITH EMERY MILLER.

An Important Case Filed in Witch Will
liam Casper is Defendant-other News
From the Temple of Justice.
A suit Of more than ordinary importance
was filed In common pleas court Thurs
day, through Attorneys Bald win q Shields.
Ia the petition, which consumes several
pages OF closely type written matter,
Winfield s. Shertzar and James Fey,
partners as Shertzar q Fry, are plaintiffs,
nnd Emery Miller Of Alliance, il defenS
dant The petition recites that in May or
June 1888 the plaintiffs entered into a
verbal agreement With the defendant,
Emery Miller, by tho terms OF which
plaintiffs were to buy horses and furnish
them Co tho defendant, Miller, aud tue
Alliance horseman was to sell the horses
and account TO the plaintiffs and 20 pay to
them the money invested in said horses.
Tue petition further Gets forth that Emery
Miller was to have one-balf of the profits
made on each and all of the horses, and
90 deliver over 30 the plniniiffs the other
half of tine profits, after psying expenses,
realized on tho sale of all horses.
In pursuance Of this agreement, plain
tiffs state that they bought several car
loads of horses and shipped them to the
defendant TO be- sold by him. The de.
fendant, IL is alleged, accepted the horses,
aud sold them. On tho % n day OF Oc'
tober, 1888, II is recited that
the PLAINTIFF and the defendant
met and tettled up their business and that
IL was ascertaiued and agreed that de-
fendapt was then indebted to the plain.
tiffs, for horses furnished, the sum Of
S2, 283.7 70, which defendant agreed TO pay
In few dsys, but which he has failed to
do.
Since the settlement mentioned in the
foregoing, Shertzsr & Fry claim to
haya frrntehp tha M Nth ppp,
sgnmentB OF borses at various times to
the amount of Sl9,0S0. "a 90 which plain
tiifs add the S2,2S3. .75 previou ily mentioned
making total Of S2l ,363,99.
On tbis account the petition relates that
Miller 10 entitled to credits at various
times. the total amount of the credit5
being SIS, ,973 70. leaving q total amount
due OF $l,390 "a.
A further allegation is made that Miller
made in profits more than $1,000 on the
sale OF said horses and has wholly failed
to make any accounting of said profits.
Plaintiffs say that Miller has all OF the
books showing the accounts OF his sales
and profits and that they have no means
OF ascertaininR the exact amount of said
profits, OF which plaintiffs claim to be en>
titled TO one-half.
Sherlzsr & Fry therefore ask that Miller
be ordered by the court to make an &C
counting to them OF all sales and tho
profits of such saes and tuI iher be
ordered to pay over the sum OF S1,390.A
alleged balance due on the horses fur
nished.
THE CASPER CASE BoBs UP.
The mysterious disappearance of Will
liam Casper, the Sparta farmer, furnished
the newspapers with u story couple Of
weeks since. His disappearance was
afterwards explained by fscta which tend
TO show that ne was deeply in debt and
that there were rumors that be had used
the name of his father TO q considerable
extent in raising money to meet his obli
gatione, ID. l., Cans seems to be one of
the men TO whom Casper was indebted,
and Cans appears to went his money.
Attorneys Harter q KrchbAum filed a suit
in common pleas court Thursday in which
ID. L. Cans is plaintiff and Willism Casper
and Maria Casper are defendants. The
petition sets forth that the defendants are
indebted to the plaintiff on divers prom
issory no:an aagreRaiiog S3,4S0 So. The
notes were secured by mortgage and
plaintiff now asks that the mortgage be
foreclohed and tbaE the promises be aold
to satisfy The claim against the defen-
dsnts.
THE FOREMAN ILL.
Tho Grand Jury is not ia session, all
business having been suspended owing to
tho illnes5 OF the foreman, !. A.. Dillon, of
Canton. Considerable progress W as being
made and Prosecutor Bow hoped to get
earIy,but the IllpPss of Mr.. Dillon
makes that impossible. 1t is hoped that
be will soou he able TO be out again.
There ere a number of important cases to |
be inquired into, among them being some |
cases which have not yet been aired. The |
action of the Grand Jury is being eagerly |
awaited.
COURT HOUSE NOTES.
Gertrude MRrchand has commenced an
action in common pleas court against |
John Flume ct al, asking for partition of |
an estate in jackson township, of which |
she is one of the heirs. |
Herbert C. Smart has been appointed |
guardian OF Harry e. and Rosa Blythe OF |
Canton.
Charles Howenstein procured license |
10 wed Miss Flora Shock of this city.