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Show MUG SIOCK IS II BASIS OF A BIG Kill One of the hardest fought lawsuits in the district court for many months is that of John C. Davis, former district dis-trict attorney, against Robert A. Moyes, cashier of the Commercial National Na-tional bank, in which Mr. Davis demands de-mands judgment for $6,550 and interest inter-est from March 30, 1916, as his share of a mining stock sale. The trial began be-gan last week before Judge Arthur E. Pratt and a jury and was adjourned until tomorrow morning on account of the illness of a child of Juror John B. Magruder Mr. Davis alleges he met L. A. Friedman, the Nevada mining millionaire, million-aire, and received information of an opportunity to purchase 25,000 shares of tho capital stock of. the Lakeview Mining company for not more than $15,000. Mr. Davis claims he entered into an oral contract with Mr. Moyes, whereby they mutually agreed to purchase the stock nnd to divide the profits, share and share alike. Mr. Davis claims he purchased the 25,000 shares on Feb. 22, 1916; that on Feb. 23, Mr. Moyes sold 10.000 shares of the stock for Sio.oon. and. on the same day, 5,000 shares for ?5,-000, ?5,-000, purchasers paying cash. Mr. Davis alleged that Mr. Moyes then tried to make it appear that he had sold the entire 25,000 shares to his brother, G. G. Moyes, for $16,000 and had delivered the certificate for 25,000 shares to G. G. Moyes, making a profit of only ?1,000, half of which he paid to Mr. Davis. The records introduced show the stock went to ?1.40 and Mr. Davis alleges al-leges that the 10,000 shares remaining as profit were really worth in cash $14,000. The complaint alleges that Mr. Moyes transferred the 10,000 shares to the First National bank as security for a loan. Mr. Moyes' general defense is that he simply employed Mr. Davis as a broker and agreed to pay him $500. Both Moyes and Davis testified at length, their evidence being squarely contradictory. Counsel for Mr. Davis- Judge J E. Bagley and E. Conway Ashton of Salt Iake; for Mr. Moyes: George Halver-son Halver-son and Albert G. Horn of Ogden, and Waldpmar Van Cott of Salt Lake. Following aro the jurors: Paul Christensen, George E. Berry, Murray K. Jacobs, George F. Hunter, C. W. Cross, John B. Magruder, John R. Morris and Frederick Kenyon. nn |