Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-09
Peckham & Smith Begin Suit
Against John Hesmer For
$4,000
ECHO OF FORMER CASE
Real Estate Men Claim Damages Be-
cause of Alleged Malicious and De.
famatory Statements Made in Hes
mer's Petition In Suit Against Rev.
j, M. Plumb and Peckham & Smith,
Which Was Dismissed.

/ AS an eCnO OF the case WHICH was
begun by John Hesmer against Rev.
| j. NJ. Plumb, Peckham & Smith, real
estate agents and Phil Bray the latter
Of Butler county, Peckham & Smith
| this morning commenced suit against
Heslner for $4,000 damages, alleged to
have been caused by statements made
by Hesmer in the petition of his suit.
The suit against Rev. Mr.. Plumb
and Peckham & Smith was settled and
dismissed before it came to trial.
The allegations of the suit for dam
ages is that Hesmer's statements, as
set forth in his petition against the
real estate dealers, were malicious and
for the purpose of gratifying Hesmer's
malice, and with the sole object OF
injuring the business OF Peckham s.
Smith. 1t alsu alleges that the state
ments were made for the purpose of
extorting money from the firm. It is
also set forth in the petition that the
alleged false statements in the Hesmer
petition did INJURY TO both the mem
bers Of the firm and their business.
Hesmer's suit was brought as the
result of a trade between Hesmer and
Rev. j. NJ. Plumb, in which Peckham
& Smith Were interested as agents.
In his suit Hesmer alleged that Peck
ham & Smith aided in conspiracy
for the purpose of cheating Hesmer in
the trade, and the petition referred to
81. M. Plumb and his co-conspirators."
1t also alleged that statements made
by Peckham & Smith were false and
made to carry out the conspiracy"
Cheated, wronged and defrauded."
Much Of Hesmer's petition is quoted,
showAg the references made to Peck
ham & Smith, on which the suit is
based.
Brings Suit on Contract.
Claiming that George H. Shelter has
refused to carry out his part of writ
ten cantract, by which he agreed to
purchase the properties at Nos. "a and
26 North First avenue, Mrs. Hattie B.
Andrews today filed suit by which it is
sought to force Shelter to comply. The
petition alleges that the properties
were to be sold to Shelter for $3.50
cash, the balance, $4,000, to be covered
by a mortgage which Mrs. Andrews had
agreed to give Shelter. Judgment is
sought for 1890 and decree forcing
Shelter to comply with the contract is
asked.
Railroad Companies Sued.
James w. Barker, formerly of Vim
ton, but now of this city, has filed a
SUIT for 500 damages against the
Northwestern and Chicago, Rock, Is
land & Pacific railroads for alleged
damage to household goods shipped
from Vinton to this city in December,
1906.
A temporary injunction was granted
Thursday by Judge ]. NJ. Parker re-
straining the Chicago Great Western
railroad from filling in a private cross
ing under their track on the w. S. Gle
farm in Marion township. The petit
ton alleges that the private causeway
was granted to the owner of the land
when the right-of-way was purchased.
Other Cases.
The Mccormick Harvesting Machine
Company, of Chicago, has filed suit
against L. A. Girton and Hager Bros,
to collect on notes claimed to have
been given by Girton as security for
farm machinery purchased. Hager
Bros. are made defendants because of
an alleged interest in the transaction
F. w. Kober, a cIothier of La Porte
City, has filed suit against F. j. Bu-
chan to collect $46.25, claimed; to be
due him for clothing and wearing APP
parel alleged to have been sold to Blu
chan.