Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1911-02-10

Samuel A. Davenport
In the Circuit Court for MONTGOMERY oo,,.
Md. No. 2677 EQUITY COUNTY
THE OBJECT of this suit 10 10
certain judgment rendered in tb od ia:
Court for Montgomery county circuit
in favor of Samuel A. Davennort a n wand,
the Potomac Granite COMPANY on osalhst
1908. for 6,410.83 with Sass noS Suhe l,
interest from June 1, 1908. O'uS ana
Inc bill OF complaint statas ,bo. ,
Potomac Granite Company is a corno' the
under the laws of the State of M a!lon
mat Ernest L. Conant, as assignee of Hile
ner Miller, is a creditor of the Po,o var
Granlte Company in the sum sal o nna
and the owner and holder of n Ior% UoO-
jority of its stock. That Eduardo VerSse ma
judgment creditor of the Potomac S is a
company as assignee of iudSr1oalte
Thomas d. Darby. in said court da.eI OF
tober S. 1908, for S446.49 and 600 &c &C.
costs and interest from July G 1903 T ;Ho
about June l. 1908, the defendant S mat
A. Davenport fraudulently and deco agei
obtained said judgment for sos 40 u ny
upon an alleged account of amonnta o5
pended by said Davenport on accO, exc
said company, beginning March 81 ioo u
and ending January IS, 1908. with ioOf
Elemental item on September / ions sup
$2,O45.S3. That said indebtedness So - Vi
a true and just claim of said Daven,aaoDt.
against said company, and the said npeN
pany is not in fact and never ;S,,' Toll-
to said Davenport therefor. or Il. rs. -.7l
small portion of said sum. if i, sr,, W
thereof. That said JUDGMENT va ., -
by fraud and deceit pract .s5 ''''iey
Davenport upon one Linus I B,y-
that time the vice president hi a 80 80 ..'
and subsequently and now rs 49,, 49, 10Y
OF said company. That said yerr
false representations that il would h.
the ADVANTAGE of the said company and ~
the parties interested therein that So =,
davenport should obtain judgment aeainst
Saiu company by default, induced said
burrows to permit said judgment to Do
against said company by default for want
VI pea 10 tne great wrong and detriment
OF the plaintiffs. That said Davenport rem
resented to the said Burrows that said
company was indebted to said Davenport
IN the sum claimed in said suit, but from
information acquired and obtained nv said
Burrows recently and subsequent ~ ' thu
entry of the judgment therein and hv on no
Howard B. Shipley, of Baltimore formor Iv
manager of said company, the nla;nt;ss
have recently learned that said comnan,,
is not in fact and never was iustIv in,
debted to said Davenport in the sum cIamad
in said suit and the plaintiffs are informeJ
and believe that only a very small nortion
OF said sum, if any part thereof. is mstIv
due by said company to said Davennor;
That at the time of the judgment the booLS
OF account of said company were and al
ways mad been in the hands of said Dav-
export as treasurer of said COMPANY and
that said Burrows was unable to Obtain
possession thereof and was induced N
accept said Davenports word as to said
Indebtedness, when, in fact, no such in
deDtedness existed or now exists. and the
judgment therein is and was entirely false
and fraudulently obtained by fraud and
deceit on the part of the said Dayenport
Inc Dill prays that the defendant Samuel
A: davenport, may answer and show cause
why the said judgment should not be va
Gated and the collection thereof perpetuallv
enJolned; and also prays for preliminary
injunction enjoining the defendant, Samuel
A. davenport, from collecting said iude
ment and taking any steps thereunder
and for other and further relief The hli
prays for writ of subpoena or an order
OF publication against the said Samuel A
Davenport, whose residence is alleged To
be in Erie, in the State of Pennsylvania.
= T. ffe7upr fh .Tfh H..-.. ....,..
2Ify' 1911 ordered by the Circuit C5urt AZ
y oei 3uneIy county, ia Equity la4 a.
P'aiat'ue by eausinea copy This ord
ne M 90 20 some newspaper On ..a
y ais'e ioistoaery county. once In e. Of
io1r successive eeks before fis. srd 8,g
oiarch 1911 give notice 10 tbe .e.a
samuel A Davenport. the noD-res ....
t,eiendant Of che object and satstnnce y
TINS OLD OF Compliant rnipe
a"- @rf e-
he &
lind r# er-a
staluy, b.
JOHN L. BPUNETT Gsrt
circuit Court for Montgomery county
if3s enrv-Test
. JOHN b BRWyErT. Clerk