The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1912-03-01
Defendant Says Receiver Not
Necessary For The Property
Charity. A. Cole Sues J. A.
StolIe For $4,000 Damages
May Send Homeless Children
To RiChlaId County

In the case of John B. Waight VS..
Frank o. Levering In which the plain
till asked for dissolution Of partner
ship and for the appointment of re-
ceiver, an answer was filed by the de-
fendant, Frank o. Levering, in the
court of common pleas OIL Knox county
Tuesday morning. The defendant ad-
mits that the partnership was formed
In 1903, to engage in the gas business.
Tho defendant further admits that the
Butler and Bellville gas plants were
purchased in the year 1906.
The defendant says that the only
controversy now existing between the
plaintiff and the defendant relative to
the plants and the said property is the
refusal of the plaintiff to either per
form the services necessary to be per
formed in the conduct and manage
ment of the said business or to pay
the defendant for his services rend-
cred The defendant says that he has
been required by the plaintiff to over
see and manage all the properties con-
trolled and managed by the partner
ship. The defendant says that the
sum of s25, 900 has been disbursed by
the defendant and that all the checks
have been signed by the plaintiff and
the defendant. The defendant further
Gays that all the office work has been
performed by the defendant-gas bills
for over 600 consumers have been
made out each month, pressure charts
have been prepared by the defendant
and other work which is easily worth
500 per month. The defendant says
that the plaintiff absolutely failed
and refused to perform any part Of
this labor or to pay the defendant for
his services and that this is the only
disagreement which exists between
the plaintiff and the defendant.
The defendant states that on Febru-
ary "a, 1912, the plaintiff did make the
proposition to the defendant to give
or take price on the properties, but
that the plaintiff did not mention the
question of compensation for services
performed by the defendant. The de-
fendant claims that he would take
over the property II allowed for his
services The defendant says there
is nothing due the plaintiff, but on the
contrary the plaintiff is indebted to
the defendant in large sum. The de-
fendant says there is money in the
hank belonging to the partnership to
pay all liabilities and that the sale of
the property Is not necessary, but the
defendant insists cpon compensation
for his work in the past and asks the
court to fix the amount.
Frank o. Levering is the attorney
Tor the defendant.
Suit For Damages
Charity A. Cole has commenced q
suit for damages In the court of COM
mon pleas of Knox county against
John A. Stoyle. The plaintiff alleges
that on October 2S, 1911, the defend
ant ran into her with his automobile,
while operating the car In Green Val
ley, and as result of the collision
the plaintiff has been permanently In.
jured and asks for damages in the
sum of $1,000. Neal & Sapp and
Waight & Moore are the attorneys for
the plaintiff In this action.
chancery Assignment
The following assignment OF chan
eery cases has been made in the court
Of common pleas by Judge Wickham:
Monday, March II
Glll-Herman Co. vs. Lee.
Cochran vs.. Cochran.
Conrad VS.. Conrad.
Cooper VS.. Kirk ct al
Spring vs. Spring.
Tuesday, March 12
McClelland ct al. VS.. Weir ct al.
Ohio Fuel Supply Co. va. Upham
Gas Company.
Ligbtfoot vs. Lightfoot,
Dial va. Dial.
George vs. George.