The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1902-09-11
In the Court OF Common Pleas of Fulton
County.
The Commonwe of Pennsylvania
County OF Fulton ( SIS


The Commonwealth of PENNSYLVANIA
County OF Fulton, IS.
At u Court of Common Pleas held at McCon-
nellsburg In and for Fulton County PEN SYLVIA
MIA. before the Honorable ). McC. Swope, p.
j. and Lemuel p. Kirk and David A. Nelson,
EsqrS., Associate Judges OF said Court. on June
10, 1902 the petition of w s. Smith of Washing
ton county Md, was presented setting forth
That one II O. Smithof the township OF Ayr,
In the county OF fulton, Penna.. did on the
iourth day OF March A. ID. 10 2 execute and de-
liver deed OF assignment for the benefit of
creditors TO James Henry, George Is. Daniels
ana >. W. kirk, conveying to them all his prop
erty, as wen as all the property OF II. q. Smith
a Go. (his wife Elizabeth jolnlng with him In the
said deed) and in and by the said deed made
executed and delivered by the said II. q. smith
ana Elizabeth lhs wife) for Themselves and II.
y. Smith for II. q. Smith & Co. the said H. g.
smith alleges that the petitioner W 5. smith
j. partner In the said hrm OF II. q. Smith &
Co., and that the said II. O. Smith and w y
Smith were Co-partners under the firm name of
u. y. Smith q Co. and thus representing the pc
luoner as Interested as partner IN the said
nrm or II. y. Smith x Co. The petitioner fur
ther represents that he was never associated
with the said II. q. Smith partner In any
business whatsoever that he was not partner
~ the nrm OF III. ~ Smith 4 Co., that he had no
interest whatever In the firm OF H. q. Smith &
Co, that he never entered into Partnership
with the said H. q. smith or gave him permis-
SION 10 use his name In any way as n partner In
the said firm OF III. G. Smith & Co, or to use his
name In the said deed of assignment and that
the name OF your petitioner was placed In the
SAID deed OF assignment without his knowledge
or consent and without any legal warrant or
authority TO do so, that he never knew that his
name was IN any way used or connected with
the trm OF II. O. Smith & Co. as partner, and
further that he has no interest whatever as a
partner In the said mercantile Orany other bus
mess carried on by II. q. Smith & co that he is
not ana never wasa partner In the said firm or
business carried on under the name OF n O.
Smith & 90. Aud further the petitioner repre-
sents and expects TO be able to prove that the
name OF ". y smith, the petitioner. was inclG-
ded IN the said deed OF assignment asa partner
OF said II. o. Smith co by mistake or lnadver-
tance
And therefore praying the court To strike the
name OF the petitioner from the said deed OF
assiRnmentas though the name OF the petition
er had never been Included Ia the same.
Whereupon June 10 1902. within petition read
aud considered and Rule on ussignees, lanes
Henry Geo. ". Daniels and \. W. Kirk. ana al
80 the creditors of the said estate to show
cause why the name OF W. y. Smith should not
be stricken from the deed OF assignment re-
turnable october Term next Service OF this
rule ON creditors to be by publication.
In testimony whereof have hereunto set my
hand and the seal OF the said court at Mcoon-
nellsburg' this LIST. day Of Iuy a. -. 100!
FaANK r. LYEoH.
lSealI Prothonotary.