The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1918-10-02
The Leake Brothers Claim That the
Case Machine Company Used
Fraudulent Represen-
tations to Them.
wANV NOTE CANCELLED
Claim Also That Its Provisions About
Interest and Payment Were
Materially Altered After
Signature.
The district court has engine trou-

The district court has engine trou-
ble
To buy a threshing engine suppos-
ed to be sixteen horsepower and find
it Is thirteen; to sign a note which
has no provision for interest and to
later find an alleged material alter
alton naming interest, is no fun. This
kind of an alleged deal is character
tied as fraud in It's making In a new
suit which has been filed by r. w.
Leake and William w. Leake in the
district court The defendants are
The Farmers and Merchants Savings
bank, Case Ottumwa Repair works,
Clyde Gates, J. w. Buchanan, R. A.
Johnson and the Keokuk Savings
bank.
The plaintiffs state that they pur'
chased a threshing engine OF r. A.
Johnson, who represented that he was
an agent of the ]. T. Case Threshing
Machine company, at Ottawa, ILL.,, last
May. They didn't buy the engine I'M
til they inspected it. Mr.. Johnson,
they claim, represented the threshdng
engine to be sixteen horse power and
two good and sufficient flues, all In
coed repair They couldn't see much
for themselves for they allege that
fire in the engine prevented
them examining the flues. But never.
theless they bought the engine for
S1,40O and one Robinson separator.
For this they signed promissory note
due October I without interest and
with the provision that If 1t was paid
before October 1t would be dis
counted 500. Plaintiffs claim this
note was to be made payable to ]. l..
Case Threshing company. @
What Plaintiffs AIIege.
That the note the plaintiffs signed
had no provision that interest was to
be due from July /, they declare, and
that there has been a material alter
alton made in the note since signed
by the plaintiffs in that it provides
for interest. '-=eF 1850
When the threshing engine was de-
livered July /, month later from the
time agreed on, according to the Pc
tition, the engine was found to be out
of repair. 1t was seen, too, that the
engine was thirteen horse power in
stead Of sixteen. The attention OF
the defendants, except the two banks,
was called to the condition Of the en-
Slu0 Stliu IuCy PAoL1isoSo W AAAs~N> SN~S
repairs but didn't.
r. w. and William w. Leake claim
that they spent $500 to get the engine
in good shape. They lost time and
labor amounting to $500 and lost an
other $500 because of the difference in
value between a sixteen and a thirteen
horse power engine.
Claim Bank Does Not Own It.
The plaintiffs state in the petition
that while the Farmers and Merch-
ants Savings bank claims to own the
note it appears from the endorsements
that it is the property Of J. I. Case
Threshing machine company and that
the bank has no right to It.
The note is null and void the plant
ifs state. and the Keokuk Savings
bank should be required, the petition
says. to hold the note until the final
determination Of the case as the pre-
tended note shows that none of the
parties named as defendants have any
right in 1t and tho note is the prop
erty Of J. I. Case Threshing Machine
company.
An order and decree cancelling the
alleged note and declaring it null and
void and no binding obligation upon
either plaintiff is asked in the peu
ti0n