The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1893-05-25
COURT NEWS.
A SUMMIT COUNTY MAN FILES A BIG
DAMAGE SUIT.

Another Suit, Also for Damages, Filed
in Common Plees Court, and Another
one, Also for Damagee, is IN the Hands
of Jury.
Jacob Wise, by his attorneys, Green,
Grant and Seiber, of Akron, hled q
suit In common pleas court today, in
which Canton people are defendants.
The defendants are q Canton firm
the Champion Lawn Rake company.
Plaintiff says that upon the frst day of
September, 1890, the defendant, In
order TO induce the plaintiff, one Anton
Hammerly and Rebecca Betz, 10 sell them
certain letters patent for new and useful
improvement IN fodder cutters, repre-
sented 10 said plaintiff, Wise, that the
Champion Lawn Rake company was perN
fectIy solvent, out of debt, and had made
profit during the previous year, OF Sl,2OO,
which amount OF money was then IN one
of the Canton banks. Plaintiif, relying
upon the representations made by the
TO sign proposition, which was prepared
by the company, transferring their p patent
In consideration of the transfer aud asN
assignment TO Rebecca Betz, Anton Ham.
merly and the plaintiff, 90 shares OF
stock in the said company, being
of full value in all Of 5000. Sull relyN
ing on the representations OF defendant
the plaintiff states that he trans.
forred all his interest In the letters patent
TO defendant, the Champion Lawn Rake
Company, and at the same time sub
scribed for thirty shares of the capital
stock of the company. The plaintiff in
bis petition, makes the bold declaration
that the representations made by the com
pany were untrue, that the corporation,
az the time the letters patent were transs
ferred, was not solvent, had not made
81 200 during the previous year, did not
have any money In bank and in fact the
stock of the company was worthless.
Plaintiff states that the value OF his iuter-
est in the letters patent wac 50 900. He
says that the Champion Lawn Rake Conn
pany had an Indebtedness of 5000 and
has since gone into the hands of re-
ceiver, and an action is now pending to
enforce the statuatory liability of stock
holders. BY reason OF the fact that he
holds stock In the concern, plaintiff says
that he may be called upon to pay q
proportion OF that indebtedness. On
account Of oil this tho plaintiff says that
he has been damaged in the sum OF ", 600,
for which judgment is asked.
GRAND JURY REPORT.
The grand jury reported at $3.50 o'clock,
the following indictments:
Frank Loper, grand larceny.
Charles johnson, burglary and larceny.
Ross Hawkins and Charles Queer,
burglary.
Richard Stevens, daylg ght breaking,
Charles Queer, burglary, second indict'
ment.
Louis Greenwald, selling intoxicating
liquors on Sunday.
A number of otner indictments we're re'
turned bat are not given out Tor puolica-
tion today.
ON A PRoMIssoRY NOTE.
James H. McLain 10 plaintiff and Will
liam Barnett is defendant In an action
brought today IN common pleas court
through the law firm of Day, Lynch d
Day. Plaintiff says that on January IL,
1893, he, together with the Canton Steam
Pump company and said defendant, exc.
cuted and delivered to G. E. Clifford,
cashier, their promiesory note for $4,000.
When the note fell due, plaintiff states
that he was compelled to pay ii and did
pay to Mr.. Clifford, 4,093.34. The Cam
ton Steam Pump company was unable to
and did not pay any OF the said amount.
Defendant, Barnett, was asked TO contrib
ute his proportion of the obligation, but
has not done SO. McLain, therefore
brings the suit. asking judgment In the
sum OF S2,046.67.
THE KAGEY ALLIANCE, CASE.
Few lawsuits have been more stubbornly
than the case of Grace M. Kagey
against the city of Alliance, an action
brought TO recover damages In the sum of
S5 ono for injuries alleged to have been
received by tue plaintiff by reason of falls
Ing over pile of brick which defendant
allowed to remain on the sidewalk in
Main street in said city. Attorneys Thsyer
and Rice made very strong case and the
city was ably represented by
Strain and BordinR. Every point OF ad-
to the plaintiff was assailed by
The defense and how we'll the case stood
The bombardment will appear when the
Jury comes in. Judge Thsyer and Mr..
Rice made earnest and comprehensive
pleas for their client, while Mr.. Strain
and Mr.. FordinR used the atmosphere
very roughly in defining just why the city
Of Alliance ehould not be called upon to
pay for the damage done to Grace M.
KaRey'J leg. The charge of the court
was, IL anything, slightly in the defend
ants favor, and a heavy verdict will
hardly result. The jury got the case at a
late hour.
COURT NOTES.
No appointments have been made in
probate court for several days,
James Charles Henry and Minnie l..
Of Canton, have been licensed
TO wed.
Twenty two cases were assigned for
trial this week, but the court has been
busy with the Alliance case, which was
left over from last week, and all cases
were Dngeed.