| Show DEGIDEDAGAINST RECK Judge Hues Passes on Bul I lionBeck Case CUNNINGHAM OWNS STOCK I I In the Case Brought by EA7 Wilson Wil-son tho Trustee in Bankruptcy of John Beck to Recover from James JaIcs A Cunningham Shares of the But lionBeck nnd Indian Creek Companies Com-panies it is Held that the Transaction Trans-action Between Beck mid Cunningham Cunning-ham Wns nn Absoluto Sale Sae Judge HUes yesterday handed down his decision In the case of E TV Wilson trustee In bankruptcy of the estate of John Beck vs James A Cunningham et a1 which was tried and submitted ten days ago The court found the issues In favor of Cunningham The action involved the ownership of 51000 shares of the BulllonBcck Mining companys stock and of 5000 ahaies of the lndlan Creek Gold Mining company The defendant Cunningham advanced various sums of money to John Beck In exchange for the stock In question Bcdk alleged that he simply gave the stock a security for the money subject to redemption while Cunningham claimed that It was an outright sale and that he was the owner of the stock Beck claimed that although on the face of it the appearance was that Cunning ham bought the stock there was a secret agreement that it was given only as security for the loan and that It was to be returned on repayment of the amount advanced Judge lilies In his opinion after reviewing the evidence finds that the sale to Cunningham was absolute and without any reservation that Bock according to the evidence proposed to Cunningham that he make a Joan on the stock but that Cunning ham refused to do so and that the payment pay-ment by Cunningham of various sums to save the stock from being sold under execution proves that Cunningham believed be-lieved he had absolute control of the S tock The plaintiff will take an appeal to the Supreme court Prowso Estate Valued at S5000 George O Prowse brother of the late Col Prowse who was killed by highwaymen high-waymen In the Sheep Ranch gambling house on September nth last yesterday yester-day fed In the Probate court a petition praying that he be appointed administrator adminis-trator of the estate of his deceased brother The estate consisting of cash jewelry and mining stock Is valued at oOOO The deceased at the time of hIs of death was a widower and left no will His heirs are a son Sydney Prowse i aged 12 now In Chihuahua Mex Mis II Alvlna Prowse mother of the deceased and brothers and sisters residing In CalforJa The hearing H be on October Oc-tober 27th Grand Larceny Case on Trial The October term of the criminal division I di-vision of the District court opened yesterday yes-terday with Judge Norrcll on the bench The case of the State against John Zw lCel was called for trial and a Jury partly Impaneled when court a adjournqd the day out of respect to the late County Commissioner Rawllns Xwelfel is charged with grand larceny the accusation being that he stole ten head of cattle on June 30 1898 from Andrew McDonald OL Park City Supreme Court Hearings Three cases came up in the Supreme court yesterday and were disposed of as follows W S McCornlck appellant vs Queen of Sheba Mining company argued and submitted Fissure Mining company appellant vs Old Susan Mining company argued and submitted James Mickclson vs New East Tintlc Railway company appellant appellant given till October 22nd to file a reply brief Admitted to Practice W E Rydalch was yesterday admitted ad-mitted to the bar oV the Supreme ourt of this State on a certificate from the Michigan Supreme court District Court Orders William Black vs Dalton Gold Mining Mi-ning and Milling company dismissed Seward Fields trustee vs Daisy Mining Mi-ning company trial concluded and taken under advisement 1 |
