Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-01-29
S|5O,0OO DAMAGES

Claimed by the Alexander Lumber Co., of
UpShur Co., from R. G. Dunn & Go.
A Suit for That Amount Filed in
the Ohio County Circuit Court and
an Attachment Issued Against
the Company in This City-A
Verbatim Copy of the Complaint
Made by Plaintiff Against the De-
PENDANT Corporation.
One of the largest suits ever brought
in the Circuit Court of Ohio county
was filed yesterday by Henry M. Rus
sell, Esq, counsel for the Alexander
Lumber Company, a West Virginia
corporation doing an extensive bust
ness in Upshur county, this State,
against the R. G. Dunn & Co. CONNER
cial agency. Plaintiffs caused an attach
ment to issue against the property of
the Company in this county, and due
service was had by the Sheriff and a
proper return made. The cause will
come up at the April term.
The bill of complaint filed by the
plaintiff is here reproduced, as fol-
lows
alexander Lumber Co. v. r. G.
Dunn and Robert D. Douglass, part
ners as r. G. Dunn & Co..
Henry Warden, being sworn, says
he is the President of the Alexander
Lumber Company, and as such, is &C
quainted with the matters set forth IN
this affidavit Affiant says that the
said Alexander Lumber Company has
brought an action in the sad Court
to recover damages for certain wrongs
committed by the defendant, R. G..
Dunn & Co. and Robert d. Douglass,
partners as r. G. Dunn & Co., against
the plaintiff, and that the
affiant believes that the said
plaintiff is justly entitled to
recover in the said action against the
defendants the amount, at the least,
$3.50 600. Affiant says that the nature
of the plaintiffs claim in the said suit,
being the claim on which the plaintiff
is entitled, at tie least, the amount
aforesaid, is as follows
"Affiant says that the plalntltf was,
at the time of the committing by the
defendant of the said wrong, and has
been from thence hitherto, a corpora
ton duly organized under the laws OF
the State of West Virginia, and carry
ing on the business in the said State
of a manufacturer of and dealer IN
lumber and the products thereof, and
the business of conducting 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 Tor
the purposes thereof, it owned and
operated a large sawmill and plant,
and that for the purpose OF its said
business, and in the conduct thereof,
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 order to the prop
er and profitable carrying on Of its said
business, to obtain terms Of credit
from the various persons from whom
the said purchases were made.
"Afiant further says that until the
committing Of the said wrongs by the
said defendants as aforesaid, the plain
tilf had throughout the said State CT
West Virginia and the other States q
de5eI vcdly good reputation, and was
not, ard bad not been, and had not
hron suspected CT. being in a 'shaky'
-Giti@n; ard was not, and had not
t7cr suspected Of being unable to pay
tl-n debte which it had incurred, or any
'e>+7 v ch it m;g ht properly incur
n tre cIGi"ary coEduct Of its busn oss,
I'd tn aaid plaintiff had, therefore,
+ -e1 able 10 obtain, and had obtained,
"r1 would but for the wrongs by the
= defendant. have continued to OBJ
TIN. al proper and necessary credits.
Vet tie said defendants. on the 2Cth
day OF January, in the year 1897, and
C0 various DAYS thereafter. wrongfully
and maliciously composed and pub
lished, concerning the plaintiffs, a
false, malicious and defamatory state
ment in writing, in the following
words, that is to say: