Page:Federal Reporter, 1st Series, Volume 6.djvu/711

 VETTEELBIN V. BAENBB. 699 �ant as follows: "After an interview with Mr, Wing, I have coQcluded, as the representative of Mr. Theodore J. Yetter- lein, to send you the annexed statement and accounts. I claim that, notwithstanding his protest, you have collected moneys and property belonging to Theodore J. Vetterlein amounting to $40,135.99, I am authorized and do now make demand for the payment of this sum. I may state that these statements and accounts only partially represent the claim of Theodore J. Vetterlein, and I shall serve you -with additional accounts as soon as I can ascertain the details. I am ready and willing to give you any explanation you may desire, or to f urnish you with ail the requisite proof s. Please give me an acknowledgment of the receipt, and oblige," etc. The account inclosed was as followa : �"De/mas Bornes, K»q., to T. J. Vetterlein, Dr. �1870. December 21 — To amount as per statement hereto annexed, $19,187 91 " To cash balance on bocks of Vetterlein & Co., 31 67 �" To cash account, services rendered Th. H. Vet- �terlein & Sons in 1868 and 1869, as per agreement, in the purcliase of tobacco, - 6,000 00 " To collection of amounts charged to me by �profit and loss, as per Journal 10, pp. 119- * �120, 15,916 31 �I claim interest on the above items, 1, 2, and 3, from Decem- ber 21, 1870, and on item 4 from the date of the collection of the several matters herein contained. ���$40,135 99 " �The statement referred to in the first item of this account consists of two successive accounts, the first being an account headed "Theodore J. Vetterlein in account with Th. H. & B. Vetterlein & Co.,"inwhich theplaintiflf is creditedwith $17,- 701.87, being one-sixth of $106,211.27, claimed to be the profits of Theodore H. Vetterlein up to April 30, 1864, and also with $6,062.78, one-eighth of the alleged profits of the firm from May 1, 1864, to April 30, 1865, and he is charged with $838.03, the amount standing to plaintifE's debit on the books of the firm. The balance of this first account, $22,- 926.62, to the credit of the plaintifif, is carried forward into the second account, which is entitled "Theo. J. Vetterlein in ��� �