The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-02-02
FORCED HIM TO QUIT
Tailor Wants $4,000 for Loss
of Business.
LANDLORD TOOK HIS ROOM
Pofenberger Accuses Bishop
of Malicious Conduct.

| Attorneys Huffman & Harvey fled a
suit in the district court yesterday for
W. A Pofenberger, the tailor, against
]. A. Bishop, for damages in the sum OF
$500. The damages are based upon the
alleged ruthless act of Mr.. Bishop in
taking possession Of the building or room
which Poffenberger claims was leased to
him for year. The petition is as fol-
lows:
ION or about the first day Of September.
1899, this plaintiff contracted with the de-
PENDANT for a room in the front end of
the ground floor Of the building known
as 2O3 North Main street, Wichita, which
room was to be occupied by the plaintiff
| for a period of one year from date OF
contract, and plaintiff was to have sole
use and occupancy of the room for the
period of one year, for the purpose of
carrying on and conducting a tailoring
and dyeing business. The front room was
about 30 feet in length, was comfortable
and we'll fitted for the business as carried
!
was separated from a long, cold, dark
and uncomfortable room in the back OF
| the building, which building is about 100
to $50 feet long; that this plaintiff had a
vel established, successful and paying
tailoring and dyeing business, and had
| good trade which he had Quilt up and
good class Of customers coming to him,
and with the good Will of the said tailor
| ing business and dyeing business was
formerly established and said business
was increasing steadily and becoming
each year more lucrative The good will
of said business was reasonably worth
to this plaintiff $1,000.
plaintiff further alleges that on the
Goth day of January, 1900, J. A. Bishop,
without any just or legal notice, came to
the place of business of this plaintiff and
maliciously and wantonly tore down the
partition wall which separated the place
of business from the main room Of the
building, thus destroying and making I'M
inhabitable and unfit for business the
room formerly occupied by the plaintiff
| in said building and forcing him to move
out and abandon said building and to
| quit his business and move to another
and remote part of the city, thus losing
a good VIII and prestige of the business
already established, and making it i'm
possible to enjoy the benefits of his con-
tract with the said defendant as above
set out; that by reason of the wanton
and malicious act of Bishop the plaintiff
was forced to discontinue business and
to lose the prestige and good will of bust
ness to damage in the sum of $1,000.
Plaintiff has made diligent efforts to Sc
cure another room whereby he may carry
on his business but although he has
searched diligently and made faithful eff
forts to find such room and continue his
business he has been unable to find any
room whatever wherein he can carry on
business and maintain the prestige and
good will to his business which he has
already built up and established; that
the good will and prestige which the
plaintiff has established at much labor
and expense to himself is by reason Of
| the malicious and wanton acts of the de-
| PENDANT, as above narrated, totally lost
and destroyed to this plaintiff. Plaintiff
| is forced, at a great and irreparable loss.
and damage to himself, to close up his
| business, store his goods and his stock,
to the irreparable damage to said stock.
to sell his fixtures at a sacrifice or to
store them and thereby lose the use of
them and be forced to pay storage on
them, all to the damage of this plaintiff
in the sum of 5000 as above set out.
Second-Plaintiff by reason Of the above
| described malicious and wanton acts OF
said defendant and by reason of the con-
sequences of said acts is forced to dis
continue business and to thus be thrown
ont Of employment and Of business to
the damage Of this plaintiff in the sum
Of $500.
"Third-For the third cause Of action
against the defendant this plaintiff al
leges that by reason of the wrongful and
malicious act of the defendant the plain
tiff has been obliged to store his goods
and stock TO the damage of this plaintiff
in the sum Of 800.
| Mr.. Poffenberger asks Judgment
against Bishop for the sum Of 81 900 and
for the further sum Of $500. and for the
further sum Of $500 and costs Of this suit