Weekly journal-miner., 1919-02-12

priated to his own use, and not to the use or purpose which he had rep resented to plaintiff that the same would be devoted,
 That the defendant, as plaintiff is now informed and believes, had, at the time he secured said sum of Five Thousand Dollars from plaintiff, as aforesaid, already secured from said H. N. Coleman his one-half interest in said partnership, for which he paid nothing, nor was he obligated to pay anything therefor That since the payment by plaintiff to defendant of said sum of Five Thousand Dollars, plaintiff has discovered, and it has become generally and publicly known in and around the City of Prescott, that the said Homer B. King had, prior to the 14th day of December, 1918, appropriated and embedded the large sum of money and valuable se- curities aforesaid, and numerous and other Irregularities and fraudulent transactions on his part have come to light, which were heretofore un- known, except to said defendant and those whom he had been victimizing That plaintiff would not have agreed to purchase said interest in said business under any circumstances had these conditions heen known to linn. By reason of the premises, the said sum of Five Thousand Dollars paid by plaintiff to defendant, as aforesaid, has become wholly lost, md such payment was made without my consideration whatsoever, and the business of said Coleman Bro 'lerage Company has become dissi- 0ated and wrecked, because of the false and fraudulent dealings and ,onduct of the defendant, as afore- aid, and without any fault, neglect IT omission on the part of plaintiff; hat plaintiff mas also discovered that aid partnership did not have the 'um of Five Thousand Dollars, or my sum in excess of One Thousand Dollars upon deposit with the said firm of Logan and Bryan, as rep -esented by defendant, and that it had practically no assets, but was, on he contrary, owing to the fraudulent misconduct of defendant, as afore- ,aid, indebted in a large sum; -o-wit: the sum of Twenty Thous- md Dollars, as plaintiff is informed nd believes That because of the wrongs and frauds of defendant, as aforesaid, and because of the pay ment by plaintiff to defendant, as aforesaid of said sum of Five Thous- and Dollars, the plaintiff has been joined as defendant in an action now bending in this court against said Coleman Brokerage Company, the said H. N Coleman and the defend mt herein, wherein the recovery of he monies and securities misappro- Oriated by defendant, as aforesaid is ought; the appointment of a receiv- Ter, and an accounting prayed. That by reason of the premises, plaintiff las suffered great loss and damage, md is being looked to by the owners )f the monies and securities misap- 0ropriated by defendant, as afore- said, for recoupment, and is being compelled to defend against said ac- ton and said creditors, to his great damage and expense. That plaintiff has never derived any profit, divi- lend or benefit of any kind from or on account of said partnership.
 That, so far as plaintiff has been oble to ascertain, no business of any lind or character was transacted by aid Coleman Brokerage Company, 0r anyone in its behalf, subsequent Q the 14tn day of December, 1918. whereby any loss or damage was sus- aimed by any person dealing with said partnership
 Wherefore, plaintiff prays judg- nent against defendant:
 1. For the recovery of said sum 0f Five Thousand Dollars. paid by plaintiff to defendant, without con alteration and because of the wrong iul and fraudulent misrepresenta- ions in this complaint set forth, with interest on said sum from the 14th lay of December, 1918.
 2 That the purported conveyance rom defendant to plaintiff of an un- livided one-half interest in said part 1ership, be cancelled, vacated and held for naught. and that plaintiff be released and discharged of any ob- ligation, responsibility or liability as I partner in said Coleman Broker lge Company, and from all respon- 7ibility or liability to its creditors, and all those who had entrusted monies or securities with the said defendant prior to said date
 3. That defendant be required to l.. f M 'ail as to all the transactions and dealings and business of said co-part- 1ership, subsequent to the l4th day of December, 1918, to the end that he true status and condition of said business, subsequent to said date, may be known and discovered to plaintiff, and to all others interested.
 4. For costs of suit, and for such other and further relief as to the court may seem equitable.
 CLARK 6. CLARK,
 Attorneys for Plaintiff