Show GISBORN tOS tOSES ES 1 tN MINING CASE Supreme court Bothwell fl Finds For Milner anti I twel f SUSTAINS LOWER LOVER COURT SUIT INVOLVING OWNERSHIP F STOCK The supreme eurt court yesterday handed down an opinion In the he caSe of Mat Matthew Matthew thew T Gisborn plaintiff and appel appellant appellant lant agist against S and Glenn R defendants and respondent respondents appealed from Judge Lewis Lewi division or of orthe the court court in which the finding of that COr court for the defendants was sustaIned The complaint fed filed in the lower court alleged that It wa was agreed Feb 1 at SaI Salt Lake between the plaintiff and the defendants that 80 the st ck of the Gold lIn int company should be issued b by that corporation to Glenn R Bothwell in trust for Gisborn Thee These shares of stock were so Issued on that date Subsequent Subsequently Gisborn demanded pos possession p session or of the stok stock from Bothwell but refused to give up the stock stock I It wa was further alleged that dividends aggregating were declared and paid on the stock held b by Bothwell I ui trust for la May 31 June 30 an anub arid July 31 1897 Gisborn asked that he r be given judgment for this amount with interest from the last named date Basis For the Legal Acton Action The supreme courts summary of thE the proceeding says that the acton action was brought by Gisborn to recover from that received the money as trustee for Gisborn and that he and Milner converted It to their joInt use Aso Also that the defendant defendants denied the trust and conversion and said that the money was received b by as trustee for the Geyser Min Mining In Ining ing company compan and was paId out accord according ing to the trust Tf The controversy the u arose over ner 1 be between twee tween the plain plaintiff tf and defendants 10 eo corning property at rl ur Utah came me uto time the possession sion ot of the Ge Gold Mining company The money was relie received b by Bothwell as dividends from te the G Geyser Marion Golt Gold Mining compy company on sOk stock own owned d by Gisborn and heId held by Both ielI its hs trustee to reve receive the dividends and pa pay the or 5 so much as was nece necessary n to the Ge Geyser er Mining g corn com pany for the purpose or of paying the debts of the comp AS trustee paid Daid the aMount to the Gr Geyser and the Geyser paid Mining company pd to and hel a as in Interest terest l Ia Ute the lower court judgment wa was rn ren rendered dered for Cor the anti and the sr preme court n no err error In hi the ree ord and the judgment |