The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-01

SW~@sB Sv~s-vs>s~suSs
Interesting Operator In Regard 60 Nevada
Silver Mine.
Before Judge Sutherland
nsasa~ o 'sAs.es 8 ~ qP9ssltsskd Aslsw xsn'"g
Co"pds Or Rsess Rvev and linton birets Nevada, ct
A-Ths complaint and aadavits In this case set forth
that the PLAINTIFF being the Of ten mines in Neva
d. Of the aggregate value Of $4,000 executed deed
conveying to Thomas A. Gould three mines, for the
nominal Of 81, but with the conditional understand
ing that Gould should proceed to New York and dispose
Of Them with other mining property at the time in his
hands, and in which plaintiff held interest," and that
Gould would account to him for the value Of the whole
property at the valuation for which itmIght be sold In
New York. In accordance with that understanding and
agreement Gould this city, and entered into ne
gotaiion with J. H. Cheever and others, the result
Of which negotiation was tho organization Of the
defendants in this action This corporation was formed
by and under the laws Of this State in November 1885,
in The complaint that Gould conveyed the properly in
trusted him for sale by the plaintiff TO said company,
which property with other mining interests, formed the
compensatlonor this property the greater portion Of the
stock set apart to Could The corporators Of tn
company received the balance for which, in fact they
paid nothing The company sold stock TO the extent OF
about $500 Mr. Cheeve the President gets $4,000
per annum the Secretary Goud sio co. and other OIL
endeavoring to sell their stock without rendering
compensation to the plant that since last spring the
promises from Could made however, in presence. OF
some Of the officers Of tho company that now Gould has
gone to Nevada without paying or making provision for
his claim and the company now refuse 10 recognize IL
The plaintiff has boon denied an inspection OF the papers
the original transfers Gould by the acting secre
tary, Mr. Manchester, though he has frequently apped
to them for such inspection.
The relief sought this suit is that the court decree
plaintiff to have equitable lien, TO the extent OF
$50 600 In the mining interests transferred by him 10
Could that the stock distributed to the officers OF the
company be cancelled, and tho company be prevented
from issuing stock until the plaintiffs interests are set
tied and that the defendants make discovery to him Of
the books, &C. Of the company, ~ enable HIM TO obtain
Counsel for plaintiff contended that the action was
the nature Of bill Of discovery, and that having made
prrma Jacie case he was entitled to the aid OF the
court to discover whether the company were impi-
Gated In Of the fraud by examination Of their
books, also whether order Of restraint could be APP
piled for on Of stock remaining hsa a their
cause Of action was shown against the company, ana
that they had received the property as bona fde pur
chasers after examining the te which did not disclose
any title Of the plaintiff and that his only remedy was
for breach OF trust against Gould
Decision reserved. For the plaintiff, f. w. Dodge;
for the defendant, Mr. Traphagen.
Row In the Petroleum Districi-Is Red
Kerosene Explosive.
John Butler and John Richardson Us. Jacob w Brig
ham, Gc-The plaintiffs in this action are essees Of pre-
misses in Maiden lane, and time since subleased
portion of their premises to the defendants a ver
bal agreement BY the conditions Of thai agreement the
defendant not to keep manufacture the pre-
misses any benxine kerosene oil naphtha The plaintiff
is engaged in the parane oil and axle grease business
The defendant alleged IN violation Of his agreement,
kept quantities Of the prescribed combustbles and also
manufactured the the cellar Of the building and
a temporary Injunction was granted by Judge Barnard
restraining him from 30 dong. Motion IL now made
for the continuance Of the injunction, and that
the defendant be further restrained from keeping
quantity OF the fluids whatever on his premises The
defence alleges that the description of kerosene Kept by
HIM 10 In quantities OF only one or two gallons, merely
for sample and that three lamps kept burning TO
prove It's illuminating qualties and further that s OF
description known red Kerosene and not explosive
unless subjected to very high temperature The COM
plant sets forth that the keeping OF 1t IN quantity
whatever Is in violation Of the agreement and Of the
order OF Injunction, and also greatly increases their
insurance risk Tho affidavit OF chemist for the plain
merely ordinary kerosene coIored for the purpose
inducing purchasers to believe that has undergone
process rendering 1t explosive and that IL s highly
combustble Papers taken; decision reserved For the
plaintiffs, 7. g. Campbell; for the do fendants, j. E.
Ludden
Tho Lincoln Divorce Case.
This case, which has acquired considerable notcriety
from tho persIstency with which Is contested the
complicated series Of DEGREES mutually obtained by the
parties before this court yesterday upon appl
cation alimony by plaintiffs counsel The defendant
answers the suit for adultery BY decree Of nuty of
marriage obtained against his wife, The paini
that the decree obtained frauduently and without
notice. and that the same has been vacated After hear
ing tho Argument the court reserved its decision until
the judgment Of the Superior Court entered Edwin
James and Dunphy for plaintiff; T. Stafford for de-
fondAnt