Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-04-22

JOV SudEcS. 1tpOut tHiS tiuiC tuS III u Va
Bu,trick & Hill Undertook to raise money
~ selling 10000 shares of this stock
The next year, 1866, another arrangement
vas entered into with said firm to sell
4, 800 shares belonging to plaintiff for a
sum not less than $4,000 cash. not hav-
ing received this money plaintiff sues de-
feadant for the recovery thereof.
Mr.. Hill. the defendant. not being pres
ent, Mr.. Strong read the defence, which
says, they were partners at the time. I'M
der the name and style Of Buttrick & Hill,
but denies they were dealing in stock of
the Mineral Point mining company, that
the firm have sold 4,S0O shares Of said
stock for $4,000, and accoupted with
plaintiff for the sale of the stock, that the
parties have fully and fairly settled with
each other. that they have notes signed
by the plaintiff
Philip Branger sworn. Says he is
German by birth. he has lived in this
country g years. he has received from
Hill the sum Of 81 500. being all that he
has ever had from him. went to Germany
soon after getting the money; he came
back on account of this law suit and in
tends TO go back again as soon as he gets
through with it.. The company consisted
Branger, Thomas, and Squire. they were
mining on the ground of d. w. JONES'
He had contract with Buttrick & Hill,
they reserved 5O,n00 shares for the pur-
pose of raising money to buy the land
with EIe first let Buttrick & Hill have
1000 shares to sell for him at not less
than $2.UU0. afterward let them have
1910 shares to sell. Hill went to Boston
and wrote back that he had sold the shares
aud would pay him when he arrived home.
when he came home told witness he could
only paw him $500, as he had sold the
shares on time, never told him for how
much he had sold them. Plaintiff went
to Milwaukee several times to see defend
ant and try and get money, as he wanted
1t to go to Germany with. At last he got
81 300 as part payment on the 1000
shares. bnt Hill charged the same as loan.
Hill gari him draft on Bowls. of Boston,
WIN. T. II enry cashed it. Hill asked for
a receipt, wrote ont one and handed it to
plaintiff 10 sign. Hill called it a receipt
for the 81 $40. Plnintiff could not read
English, but had perfect confidence in Hill,
never signed any paper to his knowledge
in regard to paying commissions for sci.
ling stocks or paying assessments. Wit
ness had 10 0a0 shares. had let Hill have
5000 to sell for him. Hill told plaintiff
that there was an assessment to be made
or all the shares t. the amount of 40 per
cent. 1920 of witness shares went IN
THAI way. At The time Of the transfer to
Buttrick & Till Of the 1890 shares, wit
ness took "a paper from Hill purporting to
he their authority 10 sell these stocks, but
~ he could not read English. Hill read it
for him. he did not know what any of the
papers contained except what Hill told him,
he believed him in everything.
Some time after the above, plaintiff met
Hill in Mineral Point, and told him it was
time he had his money, Hill said he was
ready to pay him. asking him for the pa
peis, witness told him they were in the
hank, Hill told him to fetch them and
come to his office and he would pay him
his money. When witness got the re.
ccipi lac gave it to Hill who commenced
writing Oh the receipt very fast, after he
was through with his writing, he told
plaintiff. have no money for you. Then
he knew the man, and not till then.
Mr.. Abbott read the deposition of Mr.
Bowles, the Boston broker, which proved
that this stock had been sold at 81 90 per
snare on the TN of May, 1860. He paid
draft OF $l5u0. to the order Of ButIrich
and Hill !; paid it in cash. lie was in
Mineral Point some time after, and while
there, learned that Mr. Branger had not
received any money. The sales Of stocks
that he had in his hands, reached over
2no,0u0 dollars. The stock journal showed
that Branger had transferred to Buttrich
and Hill 2,n00 shares 10 be sold for not less
than $1,000. and some time afterwards
4. 800 shares to be sold for not less than
$1,000.
MIR. Cooper sworn. Says: he was in
Mineral Point when the l.5e0 draft
was paid. and that it was payment to
plaintiff and not loan. The stocks have
sold at S4.UU per share. lie sold some
himself AT that price.
MIR. Abho,t, coua>el for plaintiff then ad-
dressed the jury. There was only one
reason why the jury should be kept even
an hour III such "A case rs this, and that
reason was that Mr.. Hill was not here to
defend himself They had heard, that this
stock Was worth S4.o0 per share at the
time they sold it they had also heard that
plaintiff had only received from the first
the small sum If $500, and even that
was charged On defendants books, against
plaintiff as a loan. Counsel thought they
onght to recover more tina $3.50 per
share. the amount that Hills books show
cd the stock to have sold for. but they
were content to recover even $3.50 per
share. which would make with the interest
ut I per cent. about $200,OGO.
1t had been sworn, that Hill had taken
an advantage of plaintiff. knowing as he
we'll did, that he could not read English
but the scamp got hold of the receipt be
fore he paid the MONEY. and this is what
he wrote "l4O0 surrended in settlement
with Wynan; 1000 sold. 1900 Cancelled
by direction OF Branger, 2400 shares trans
fereti."
The whole amount the witness ever had
excepting $1,000, swept away at blow.
The court charged the jury as follows:
The plaintiff in this action sues to recover of the
deendatS his agents, the value of 1000 shares in the
Mineral Point mining company, which he alleges he
delivered TO the defendants Tor the purpose of sale
aud accounting to him for the proceeds about the
23d of APRIL 1853, aud also to recover from the de-
PENDANTS the proceeds al the sale OF 500 shares of
stock in said company which alleges he transferred
to the defendants the 9Th of Febru,ry 1856 Such
la mentioned stock the plintiff alleges was not to
lie Id for less sum than S0,000 and that it was
actually sold for the sum OF $4,000 On the 9th of
April $685. the pla ntitf admits receiving from the
defendants the sum of 81 500
The answer of tie defendants alleges full settle
mon with respect to the 100 shares ofstock and they
rely receipt which the plaintiff testifies was OBJ
taned by fraud
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