Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-01-29

tits. list of assets; nor was 1t true
that the plaintiffs plant would not
have sold for $60,00o; nor was II true
that the buildings would not sell 1or
S25 .OO0 nor was it true that what are
called in the said statement the
switches should not be estimated at
all: nor was it true that new plant
should have been, or could nave peen
substituted. giving better service, ana
having an equal output, at not more
than SS0,G00 nor was it true tnat the
plaintiffs plant was built originally
on an extravagant plan; nor was II
true that the contractors had put into
the said plant every conceivable piece
OF machinery; nor was it true that the
contractors had fixed their own
prices; nor was it true that
great deal of the stuff had to be torn
out and other material put IN, SO tnat
when completed, the said plant was an
oyergrown. cumbersome plant, when
could not be operated to advantage;
nor was it true that the said plalntlH
required about twice the amount on
men to operate the plant that Snould
be necessary; nor was 1t true thaL the
whole operation was conducted IN the
most extravagant manner; nor was u
true that the plaintiffs railroad ana
plant were entirely dependent upon the
timber: nor was it true that the tlm-
Der was being fast depleted; nor was
it true that the prices obtained by the
plaintiff for lumber would not lnd1-
cate a profitable business; nor was IL
true that, prior to the making ana
publication of the said llbelouS state
ments, considerable apprehension had
H., 4or Ii,oaC IF
plaintiff in meeting it's agreements;
nor that any prominent or other bus
mess houses had insisted on closing
the plaintiffs accounts; nor was 1t
true that the affairs of the plaintiff
had not been carefully managed; nor
was it true that plaintiffs future pros
poets appeared to be slightly clouded;
nor was it true that the plaintiffs
credit had been impaired. The said
libelous statement is also untrue in
other respects. And affiant further
says that the said defendants were at
the time OF the making publication Of
the said libelOuS statements, engaged
in the business, among other things
of furnishing to persons engaged in
business, information of an alleged
trustworthy character with respect to
the standing and credit of other per-
sons engaged in busiess, SO that what
the defendants might publish con-
corning the plaintiff would have a
greater and wider-reaching effect than
if published by persons who had not
undertaken to obtain trustworthy in
formation. Affiant further says that
the said defendant published the said
libelous statement by communicating
the same in writing to a number of
persons in the State of West Virginia,
and in other States in which the plain
tiff did business as aforesaid, and
thereby seriously injured the plaintiff,
seriously impaired the plaintiffs credit
and reputation as a business corpora
ton, and injured the plaintiff in it's
business interests. Affiant further
states that at and before the time or
the bringing of the said action, ana
from thence hitherto the said defend
ants, r. G. Dunn and Robert D. Doug
lass, were and they still are, non-res-
ldents of the State Of West Virginia.
(Signed) HENRY WARDEN"
The above statement is duly ac-
knowledged before William A. Mullen.
notary public in ard for tho county
Of Upshur, on the 25th day OF January,
1898.