Papers on Appeal from Order Denying Motion to Continue Injunction

Papers on Appeal from Order Denying Motion to Continue Injunction

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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. 1898 edition. Excerpt: ...or ten days before the note became due Mr. Brown came to me and said he would not hare the money rendu to take U1 that note until such a day, eight or ten days afterwards, and he would like to have me write Mr. Leary a note" (104). At folio 231 he says that Peter B. Verm illy a was present. At folio 1 33 the latter says: ' Mr. Brown asked Mr. Lyon to write that letter, and told him that he, Mr. Brown, would have some money in a few days and that ninthf help Mr. Lyon; that is what he told him." This version of the transaction is directly in keeping with what plaintiff wrote Leary, and is a direct contradiction of plaintiff by his own witness. Defendant never owned any stock in the mining company (130, li-2). She owned the fee of a part of the land and owned the mineral right to the other part (17i)). She leased her property and mineral right to Mr. Vermilya, who transferred same to the company (1;(, 17!)). She was to receive a royalty for the use (lf0, 180). Mr. Cumings put in the money and either the company or Vermilya gave a mortgage to Cumings of 2f, uoo (17!)). The stock was originally issued to Brown, Cumings and the Vermilyas (lS0). The company is in tht hands of a receiver, and Cumings now owns the property (156), Was the evidence supporting plaintiff's theory of a sale of such weight, in view of all the circumstances, that it ought, in furtherance of justice and right, to he permitted to outweigh the legal inferences as they are supported and made almost certain by defendant's proof 'i What is plaintiff's proof of a sale? He testified: I said, "If the sale is going on (referring to a sale of the mining property to Cumings), it is going to make this steck valueless," and I says, '1 want you to buy my...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123689782X
  • 9781236897824