The Northwestern Reporter Volume 118

The Northwestern Reporter Volume 118

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...Judge. Bill for accounting by Thomas Dowse against Edward Gaynor. From a judgment for defendant, plaintiff appeals. Affirmed. Argued before MONTGOMERY, P. J., and OSTRANDER, HOOKER, MOORE, and McALVAY, JJ. A. W. Wolfe, for appellant. F. D. Mead, for appellee. McALVAY, J. Complainant filed his bill for an accounting with defendant upon all matters between them arising under what complainant claims was a copartnership agreement relative to the purchase from defendant of a one-half interest in a silver and lead mine in Sonora, Mexico, for the sum of $1,250, May 10, 1SS7, and the development and operation of the said mine, claim ing that the sale was brought about by fraudulent representations of defendant, and that the money paid was not used as agreed, but was appropriated by him and not accounted for, also claiming that defendant's whereabouts have for many years been unknown to complainant until 1904, when he located him at Escanaba, Mich. Defendant In his answer admits the sale made to complainant for $1,250, Mexican money, but that he actually received $1,000 lawful money of the United States. He denies any guaranty of this property by him, or any fraud or misrepresentation connected therewith. He alleges that he expended the money complainant paid as agreed, together with $2,000 of his own money in developing the mine, and that he so Informed complainant In 1904. He claims that his legal residence has always been claimed by him to be at Escanaba. He denies any copartnership, and pleads the statute of limitations. Issue was joined, and the case was heard upon pleadings and proofs. A decree was entered denying complainant relief and dismissing his bill of complaint. The theory of the complainant who asks this court to reverse this decree...
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Product details

  • Paperback
  • 189 x 246 x 59mm | 2,077g
  • United States
  • English
  • black & white illustrations
  • 1236828836
  • 9781236828835