The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-01-29

NOON.
Yesterday afternoon, in the Office OF
the circuit clerk, the bill OF particulars
OF the heaviest damage suit ever iusti-
tutel in the state OF Wcs. Virginia and
the first OF It's kind here was filed and
an attachment served by Sheriff Rich
ards. t
The plaintiff Is the Alexander Lum-
Der Company, West Virginia corpora
ton. whose extensive lumber plant and
short line railroad are located In Up
shur county, with headquarters at Al
exander. lumber town, near Buck
harmon. The defendant Is the r. G.
Dun company. more commonly known
as tao Dun Mercantile Agency, which
has branch Office in this city, OF which
Mr.. W. Alfred Wilson is the manager.
The amount OF the suit is $4,000, said
10 be the largest amount OF damages
ever sued for IL the state. It Is said this
Is the first case OF It's character In West
Virginia, but there have been similar
suits against the commercial agencies
IN other states.
The bill of particulars was filed In
the office OF Tie circuit clerk, by Mr..
Henry VI. Russell, of this city, who has
been retained By the Alexander COM
pany, as counsel. The case will come
up at the April term OF the circuit court,
but 1t may not be tried until later,
Soon after the bill had been filed.
Sheriff Richards served notice o. the
suit and attachment on the, visible be-
longings OF the Dun Agency In this
city, upon Manager Wilson. This, how
ever, was mere formalIty and In no
way interferes with the conduct OF the
Dun Agency's business In this city and
state.
The bill Of particulars. which alleges
false and malicious commercial rating,
is given In full below:
Alexander Lumber Company vs.. R.
G. Dunn and Robert D. Douglass, part
ners as r. G. Dun s; Co.
Henry Warden. being sworn. says he
Is the president of the Alexander Lum-
oCk Company. iIu as SuSl is
ed with the matters set forth In this affi-
davit.t Atfiant says thatsthe said Alex
ander Lumber Company has brought
an action In the said court to recover
damages for certain wrongs committed
by the defendant, R. G. Dun & Co. and
Robert D. Douglass, partners as r. C.
Dunn & Co. against the plaintiff. and
that the aftiaat believes the said plain
. fif is inS.tf- a,,ti
said action against the defendants the
amount, at the least. OF $3.50 900. Afti-
ont says that the nature of the plain
tlff's claim In the said suit, being the
claim on which the plaintiff Is entitled,
at the least, the amount aforesaid, Is as
follows:
Afiant says that the plaintiff was, at
-Ae time OF the committing by, the de-
rsndant OF the said wrong, and has been
from thence hitherto, corporation duly
organized under the laws OF the state
OF West Virginia, and carrying on the
business in the said state Of manu-
4acturer o. and dealer In lumber and
the products thereof, and the business
OF conducting a store for the sale of
general merchandise, and was and has
been engaged during the time aforesaid
in dealing in lumber and the products
thereof, In other states beside the said
state OF West Virginia, and that in the
conducting OF the said lumber business,
and for the purposes thereof, It owned
and operated q large saw-mIlI and
plant. and that for the purpose of its
said business, and In the conduct there
OF, It was during the time aforesaid,
and before that time, necessary for It to
make large purchases from persons in
the said state OF West Virginia, and In
Other states, and in orde. 10 the proper
and profitable carrying on OF its said
business. 20 obtain terms OF credit from
the various persons from whom the said
purchases werc made.
Afl!ant further says that Until the
committing OF the said wrongs by the
said defendants as aforesaid, the plain.
siff had throughout the dais state of
West Virginia and the ether states,
deserveGiy good reputation, and was
not. and had not been. and had not
been suspected OF, being IN n shaky
condition.: AID was not. and mad not
been, suspected OF being unable to
pay the debts which |. had incurred, OF
any debts which 1t might properly In
cur IN the ordinary conduct OF its bu-
einess, and the said plaintiff had, there
fore. been able to obtain, and had OBJ
tained. and would. but for the wrongs
be the said defendant. have continued
10 obtain all proper and necessary cred
Us. Yet the said defendants, on the
10th day of January, ii the year 1897.
and o" various days thereafter. wrong
1ully and ma!iclously composed and
published. concerning the plaintiffs, a
false. malicious and dcfamatory state
1nent In writing. In the following words.
that is to say:
PITTSBURGH, PA.
ALLEGHENY COUNTY.
alexander Lumber Company.
lsSS-!GOC-Tan. %, 1897,
In answer 10 special nskin, whether
there Is any truth In the rumor OF their
being IN shaky condition Mr., John Al.
cSaNucr. vlco president and manager m
the company. who alone attcnIg IN tta
business here. has been .ndIsnogni AVID
confined to his house for some liitle .Irno
which made It impossible for us 10 gct anv
fresh figures. but It Is hardly likely thai
even II he could be interviewed, a state.
lmcnt made by him now would inainrloijy
diner from full statement r1ndo IN ~,
October last. showing gross agqet9 NJ
S52,iI o. and liabilities, Including mort.
gage, OF $4,000, amount to SJ5GtJ 70 Icnr
lhE nominal surplus OF SAG 500 IA ''-'7
NJ t,,ytr