New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1898-01-05
Sued For
Damages.

The Golden Rule People Compelled to Face
Unusual Charges.
An Iowa Man Accuses Them Of Oonsplra--
cy to Defraud Him Of $6,4l7 so.
Monday morning Sheriff Anderson
walked into the Golden Rule store and
after locating w. H. Robbins and Ed
ward g. Buck proceeded to serve papers
in an action, brought against the above
named parties and Walter Cokely, Law
renee Tuscanny, Kenneth MacRae and
William Buxton, by John Byrnes Of
Cresco, Iowa.
The complaint in the action alleges
that Byrnes, prior to June 22nd of last
year, was the owner of stock of mer-
chandise at Cresco, Iowa, worth at least
$4,000 and paying an annual profit of
more than $4,000; that the good will of
his business was worth at least the sum
of 81 500.
It further alleges that on and prior to
June 22nd, when the stock was turned
over to the defendant, Robbins, all of
the said defendants did unlaw fully con-
spire and connive together to deceive,
cheat aud defraud the plaintiff, Byrnes
out of his stock of merchandise and to
ruin his business; that in pursuance of
such conspiracy, McRae and Buxton, act
ing as partners, and pretending 10 act as
agents for Byrnes, wrote him letter,
with intent to defraud and cheat him,
representing, that they had secured an
offer for Byrnes' stock and stating that
the offer was good one to accept. The
offer as appears from the complaint, was
that Byrnes should exchange his stock
for note for $4,000, secured by first
mortgage on hotel at Appleton, this
state. The hotel property was repre-
sented to be worth at least $4,000, the
note was said to be..amply secured, and
the plaintiff, Byrnes, was made to be-
lieve that he would be justified in ex-
changing his stock for the note at its
face value. ....
Then the complaint goes on to charge
that all of the defendants, including Nc
Rae and Buxton, knew such representa-
tions to be untrue and false, that the ho-
tel property was worth not to exceed
$4,000 and that the. said mortgage was
not secured to a greater extent than the
sum of 1000. It also charges that the
letter referred to was sent to Byrnes by
Buxton and McRae with the knowledge
and connivance of the other defend ants,
Buck, Robbins, Cokely, Campbell and
Tuscany; that as result Of the conspi-
racy he was induced to exchange his
stock for the1 note; that it was falsely
represented to him, that TIE owner of
the note was Robbins and that the max
er, Tuscanny, was financially responsible,
and solvent; that the hotel building was
insured to the extent of $500 and that
such insurance would be assigned TO the
plaintiff with the assignment of the
mortgage; that Robbins desired to pur-
chase the Cresco stock for the purpose
OF furnishing employment to his neph-
ew, Cokely, and that it was necessary on
account of the nephew's wild and sport
ing proclivities to locate him permanent
" in a small town; that Buck acted in
the consummation of the deal as the
agent of ROBBINS.
All of these representations are de-
nounced in the complaint as false and
fraudulent. Plaintiff AYERS that Buck
was the actual owner of the note and
that Robbins and Tuscanny were merely
his servants. In concluding the plaintiff
states that he accepted the note at its
face value, $500, and agreed to trans
fer his stock fol 81, 700; that he gave his
note to Buck for $1,000 and received
esoO IN returRi that the note for $500
and mortgage were never assigned to him,
but were assigned to Buck as collateral
security for the note of the plaintiff for
81 900; that the defendant Buck in addi-
ION received from the plaintiff the sum
of $117.50 as commission for his pretend
ID services as agent in bringing about q |
ale Of the stock to Robbins that imme-
lately after the exchange, the defend
ants disposed Of the stock and cony erted
he whole thereof to their own use; that,
therefore, the plaintiff has suffered dam
Iges in the sum Of So, 900, and 81, 500
ADDITIONAL from injury done e his bust
less.
He therefore demands Judgment for