The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-04-21
THE EMMA NINE.
Answer OF Trcnor w. park.

Supreme Court, city and Comfy Of Ne'o
Yo,k: The Emma silver mining compa-
ny Qmited) of London against Trenor w.
Park and II. Henry Baxter, implicated,
etc. The answer of Trcnor w. Park, one
Of the defendants, to the unvcrfied com
plant of the plaintiffs.
Trenor W. Park, ono of the defendants
above named, by Chittendcn & Hubbard,
his attorneys, not waving the objection of
the complaint herein, that said complaint
does not state facts sufficient to constitute
cause of action, but expressly reserving
such objection for answer TO the said COM
plant, saith
That he admits the incorporation OF the
plaintiffs aud the couvey"n.o on or about
the 18th day of February, 1871, by James
M. Day and others, to corporation called
the Emma mining company of Utah, Of a
certain silver mine and other property, as
set forth in the said complaint, at folios 2
to Z inclusive. And this defendant, further
answering the said complaint, saith that his
knowledge of the Emma mine commenced
in the month of March, 1871 that about
the first of April, 1871, this defendant and
the defendant II. Henry Baxter visited the
mine, which is situated near Salt Lake
City, in the territory OF Utah that HIM
self and said Baxter made an examination
of the same that they were informed by
l,n of In bot ha
working thereof commenced about the
month of July, 1S70 that between that
date and the 4th day of March, 1871, there
had been extracted therefrom 6,025 tons of
silver ores, which had yielded the owners
net profit of more than $3.50, 900; that
very nearly the whole of said ores had
been sent to the houses of Bath & Son of
London, and Lewis IL Son of Liverpool,
and by them sold in Liverpool and this
defendant then believed, and still believes
that such information was true that by
reason of this large product of ore the said
mine had acquired high reputation, and
was believed by all persons acquainted
with it to be one of the most valuable mines
of silver ore heretofore discovered that
this defendant and said Baxter were fur
Their informed by said owners that no
patent therefor had ever issued from the
| United States that the title of said own
ers had been acquired by purchase from
persons claiming to have been the discov-
ercrs of the mine, and that there were a
| large number of adverse claimants thereto,
and many suits and actions pending, in
which the title to said mine was inv olved (;
that in view of the situation of the title,
and the knowledge of said owners in rela-
| lion thereto, this defendant and said Bax-
ter declined to purchase any interest there
in unless the said owners also retained an
interest therein until the title was finally
settled that thereupon, after much nego-
| tiation, this defendant and said Baxter pur-
halt interest in the said mine and property
without any covenants or warranty or Ii
tie, and subject to the suits and claims
aforesaid, and paid them therefor the sum
of $4,000, which was fully paid in
money between the 9Th day of April, 1871
the date of said purchase, and the 2sth day
Of August, 1871.
That this defendant then believed that
the said mine was worth many times the
said purchase price, in case perfect title
thereto could be secured that said vii.
| liam NJ. Stewart had no interest therein, OF
in the purchase SO made by this defendant
and said Baxter, nor was he in any wise
consulted in connection herewith and in
fact he was at the time the counsel of an
adverse claimant thereto; and this defend
ant says, upon information and belief, that
the occasion aforesaid was the only one
upon which the defendant Baxter ever WIS.,
tied or saw the said Emma mine that
among the actions so pending was one In
favor of ono James Z. Lyon, which was
brought on for uial in the month OF July,
1871 that this defendant and said Baxter
employed counsel, and this defendant went
with said counsel to Utah, for the purpose
of attending said trial that the same was
not tried, but was, by the agreement OF the
parties. referred TO the late Benjamin X.
Curtis Of Boston, to be decided according
| IN law that upon this occasion this de-