The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-04-21

George Costello yesterday brought suit
in the district court against Lenora Nc
Alahon, as Administrative Of the estate Of
j. B. McMaahon, deceased, for $500.
In his petition, which covers four close
~ type written pages, he alleges that ne
and Mr.. McMahon were partners in the
circus business prior 10 January IS of this
year. The firm name and style was Nc
Mahon & Costello, and were also known
as Bond Bros.
The property consisted Of menagarie,
horses and their appurtenances, wagons,
cages, tents, cars ard all the fixtures and
appliances usually pertaining TO a circus
and menagerie. The capital stock and
the property Of the partnership was $780,
600, of which Mr.. McMahon was the own
er Of two-thirds and the plaintiff one
third. Mr. Costello claims that Mr. Nc
Mahon was the general manager and the
financial agent of the show and had
charge Of all the funds and the disburse-
inert Of all the money. Also that all
monies were received by him from all
sources; that Mr.. Mcmahon had in his
possession all the books and records of
the business, which were under his per-
sonal supervision and direction
Mr.. Costello was the advance agent
OF the firm ard when on the road was in
advance and had nothing 10 do with the
active management. He furthermore
Gains 10 have had no knowledge what
ever Of the financial status, excepting as
i was communicated to him by Mr.. Nc
Mahon.
Or January IS the partnership was dis
solved, Mr.. Costello transferring all his
rights and interests to Mr.. AIcMahon, re-
ceiving therefor 400 He now alleges that
the consideration was grossly Inadequate
and that ne was induced 10 make the sale
under false ard fraudulent representation
on the part Of Mr.. McMahon. According
to the petition, Mr.. Costello claims that
McMahon and his agents acting under
MS directions and instruction represented
10 MIN that the firm was wholly inso.v-
ent ana hads not property sufficient to
meet their obligations. nor money or
available funds
He says that on January IS McA1ahon
executed chattel mortgage for Sc. o1a 6s
to Lenora McMahon. MS wife; and anoth-
e al the same time to Frank E Smith
Tor $2.1O7.35 upon all Of the proper.y of
every kind and description belonging to
tle firm. That McMahon told him they
were bora fide debts due and owing IN
the mortgages; also that the deceased
and his agents represented that the state
naent OF receipts and disbursements of
same which were exhibited to him were
true and correct This was for the sea-
son OF 1896. He says he believed and re-
led on the statements made to him and
accepted the $500 in full payment OF his
interest, believing at the time and under
the conditions that the amount was fair
and of reasonable value.
He now says that the REPRESENTATIONS
were wholly false ard untrue and knoxn
TO be at that time to Mr.. McNahon. that
the representations were made 10 him in
order TO induce him 10 sell and DISPOSE
OF MS interest to Mcmahon for price
much less than its actual value for the
purpose Of defrauding him of his proper-
ty he has, since the sale. discovered
that the firm was not insolvert at the
time Of the transfer and that the mort
cages were given without anv considtra-
uon- He says that the mortgages vera
executed by Mr.. McMahon in the firms
name and placed on record for the sole
purpose Of deceivirg, cheating and de-
frauding him, making it appear that the
hrm was largely Indebted and in an in
solvent condition.
he says that at that time the firm was
not indebted to Mr.. Smith or Mrs. Nc
Mahon II any sum whatsoever. At that
time he says, Mr.. McMahon mad not less
than $4,000 in his possession and under
ms contro. which belonged to the firm.
Continuing. he says that at the time of
the sale the property was worth $50 1000.
ara that the Indebtedness did not amount
10 more than $500.
He claims that he was damaged 10 fhe
extent Of $500, which ne prays the court
10 grant him with interest on that
amount from the date of sale.
The case will in all likelihood come IN |
Tor a hearing al the May term.