Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1911-02-24
In the Circuit Court for Montgomery count,
Nd No. 2677 Equity

III tne Clrcult COurt Tor montgomery county,
Md. No. 2677 Equity.
THE OBJECT of this suit is to vacate a
certain judgment rendered in the Circuit
Court for Montgomery county, Maryland,
in favor Of Samuel A. Davenport against
the Potomac Granite Company, on June l,
1908, for $2S, 4lO.63 with $6.55 costs and
interest from June /. 1908.
The bill of complaint states that the
Potomac Granite Company is corporation
under the laws of the State of Maine
That Ernest L. COnant, as assignee of War
ner Miller, is a creditor of the Potomac
Granite Company in the sum $1,000
and the owner and holder of large ma
jOrity of its stock. That Eduardo Verdes is
judgment creditor Of the Potomac Granite
Company as assignee of a judgment of
| Thomas D. Darby in said court dated DC
tober S, 1908, for S446.49 and $500
costs and interest from July 6, 1908. That
about June l, 1908. the defendant Samuel
A. Davenport fraudulently and deceitfully
obtained said judgment for S2841O.S SO
upon an alleged account of amounts ex
pended by said Davenport on account of
said company, beginning March 81, 1907.
and ending January IS, 1908, with a SUD-
Elemental item on September 1, 1905, of
| $2,045.83. That said Indebtedness is not
true and just claim of said Davenport
against said company, and the said com
pany is not in fact and never was indebted
to said Davenport therefor, or in only very
small portion of said sum, if in any part
thereof That said judgment was obtained
by fraud and deceit practiced by said
Davenport upon one Linus P. Burrows. at
that time the vice-president and director
cnhcanmanflV ha
Of said company That said Davenport by
false representations that it would be to
the advantage of the said company and of
the parties interested therein that said
Davenport should obtain judgment against
said company by default, induced said
Burrows to permit said judgment to 90
against said company by default for want
of plea, to the great wrong and detriment
OF the plaintiffs That said Davenport rep
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 by said
Burrows recently and subsequent to the
entry of the judgment therein and by one
Howard B. Shipley, of Baltimore, formerly
manager of said company. the plaintiffs
have recently learned that said company
is not in fact and never was justly in
debted to said Davenport in the sum claimed
in said suit. and the plaintiffs are informed
and believe that only a very small portion
OF said sum. if any part thereof. is justly
due by said company to said Davenport
That at the time Of the judgment the books
of account Of said company were and al
ways had 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 to
accept said Davenports word as to said
Indebtedness, when. in fact, no such in
debtedness 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 Davenport.
The bill 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 perpetually
enjoined; and also prays for a preliminary
| injunction enjoining the defendant. Samuel
A. Davenport, from collecting said jude-
ment and taking any steps Hereunder;
and for other and further relief The bill
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.
1t is thereupon this 9th day of Janu-
airy, 1911. ordered by the Circuit Court of
Montgomery county. in Equity, that the
plaintiffs, by causing copy of this order to
be inserted in some newspaper published
in said Montgomery county, once in each of
four successive weeks before the 3rd day
of March, 1911, give notice to the said
Samuel A. Davenport, the nonresident
defendant, of the object and substance of
this bill of complaint. warning him to be
and appear in this Court in person, or by
solicitor, on or before the 23rd day Of
March, 1911, and show cause, if any he
have, why decree should not be passed
as prayed.
JOHN L. BRUNETT, Clerk
Circuit Court for Montgomery county.
True cOpy-Test:
JOHN L. BRUNETT, Clerk.
feb Std