| Show 107 SALISBURY WINS rt J o rt BdtHM Case of Higland Mine Stock Finally rtaJlf Disposed Of In the case of Sarah Eule Cavanaugh rrh appellant VG O J Salisbury the judgment bd judg-ment of the trial court was affirmed In an opinion written by Chief Justice hllihT Barlch and concurred In by Justices i Miner and Baakln n I I mr The suit was originally brought I I Bm ngainst O J Salisbury Monroe Salisbury I Salis-bury Katherinc C Belcher adminis OCir r4 I tratrix of the estate of John T Gilmer deceased Mary E GIlmer WellsFargo Co 4nd John E Dooly l to recover II Ioh 1 1000 shares of stock of the Highland I it tnt Mining company of South Dakota iM valued at 70000 and dividends paid on stock for number of Be the a years Before JO A D B fore the case came to trial it was compromised t com-promised as to all the defendants but J O J Salisbury and Monroe Salisbury and the plaintiff then sued O J Salisbury 0 Salis-bury alone The trial court found the BEES Issues for the defendant on the ground l 4 that while the contract out of which r the action grew was signed by J T Gilmer with the firm name of Gilmer ersj Salisbury Co neither the defendant O J Salisbury nor the firm of Gilmcr rrcth Salisbury Co of which lIe was a member received any benefit from the 1 transaction which was in fact made i by J T Gilmer on his own account and flWl HOlcly for his own benefit The Supreme Su-preme court found that the testimony and the aecord fully sustained that a fc iff Judgment of the lower court |
