New York supplement Volume 53

9781130947250: New York supplement Volume 53
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 Excerpt: ...and from an order denying a new trial, plaintiff appeals. Affirmed. Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWLN, JJ. Lansing & Holmes, for appellant. John H. Peck (E. Countryman, of counsel), for respondent MERWIN, J. The plaintiff in this case claims that by reason of fraudulent representations made by the defendant, or by his authority, he was induced to purchase a large amount of the stock of the Socorro Mountain Mining Company, which was practically worthless, and damages are claimed to the extent of the amount he paid. The verdict of the jury in favor of the defendant is claimed to be against the weight of the evidence. The first purchase by the plaintiff was on or about the 19th June, 1890. He then bought, of Theodore B. Mills, through J. N. Van Wagner, at Troy, 5,000 shares of the stock of the company, of the par value of?o each, at the price of $1 per share. 53 N.Y.S.--38 and 87 New York State Reporter. Other purchases were afterwards made, but the representations upon which the plaintiff relies as a basis for his claim were made at or before the first purchase. In November, 1889, Mills and Van Wagner owned or controlled a silver mine called the "Mountain Chief," situated near Socorro, in the territory of New Mexico. Mills lived at Las Vegas, N. M., and Van Wagner lived at Troy, N. Y. On November 21, 1889, under the laws of New Mexico, a corporation called the "Socorro Mountain Mining Company" was organized by Mills and several others, who were residents of New Mexico, having a capifal, as stated in the articles, of $1,000,000, divided into shares of $5 each. One of the first things done by the corporation was to purchase the mine of Mills and Van Wagner, at the price of one-half of the capital stock ...

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