The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-12


cants therefor, and alter the aotments said company
did return largo amount OF money TO persons who
had applied Tor such stock, and had paid the install
mcnts required to be paid by the terms of the pros
pectus
That under and in pursuance OF the agreement before
referred to there was paid and delivered 10, and re-
by tho defendant Park, on or before the Attn day
Of December. 1871, Tor aud on behalf OF himself, the
pan ana other owners Of the stock OF tho Emma Sill
Mining Company OF New York, the sum oil f4O00O0
sterling, at the city OF London Of tho fact OF such
payment the defendants, Stewart and Baxter, were,
al or about the time thereof, iully informed, and
Immediately thercupon, aud on or about the 7th day
OF December there was paid to Baxter fl0o OF said
money.
Of Directors OF the Emma Silver Mining Company
limited, at a meeting held on mat day, at which the
defendant Stewart present, declared the FIRST in
term monthly dividend upon tho shares oil said STOCK
tho lst day Of December then next ensuing That Ia
pursuance OF the declaration there was paid by the
company, on the LIST day oil December Of said year
dividend the stock oil the company NJ and after tho
rate OF eighteen per cent per annum. That Park, ut
the time declaration OF the dividend. was aware
OF the TACT that such dividend had been declared and
also aware OF the pay thereof on the LIST DAY
oil December, 1871.
rnal aftcr tho declaration aud payment OF the dvl-
dcnd the stock OF the Emma silver Mining Company,
limited, was worth IN the market IN LONDON and was
sold thereon tor over f25 per share.
That Tor the purpose oil keeping tho paintin and the
stockholders Of the Emma silver Mining Company Of
Now York ignorance OF the fraud which the defend
ant had praclised upon MN ana them as AFORESAID,
the defendant tailed TO make any communication 10
him them, or to render any account to him or them,
no had agreed 10 do.
That the defendant after the execution Of tho agreo
mcnt oil tho 9th OF December, aforesaid sold ana dis
posed OF the shares Of the stock Of tho Emma Silver
Mining Company, limited, OF which the planuh, by
virtue OF his ownership OF the stock OF the Emma
silver Mining Company OF New York was entitled, NJ
prices varying from f20 TO f33 per SHARE the exact
amouns OF winch sale, however, not known to the
plaintiff and divided the proceeds OF such sale among
themselves and before the sale thereof had received
very large dividends thereon amounting 10 many
thousands. OF dollars.
That over and above the amount paid to the plantin
under tie contract the defendants have realized from
aud out Of tho stock or when they have deraudcd tho
paintin AS Aforesaid more than the sum oil 5000 O0
JUDGMENT DEMANDED.
The plaintiff therefore demands judgment as fol-
lows:
Firsf-That the agreement for sale OF the stock or
tho Emma silver Mining Company OF New York, be-
longing TO the plaintiff DO declared and adjudgcd 10 be
VOID and OF no force and effect
Second-That tho subscription and combination by
the plaintiff TO the said James f. Lyon OF his PRO rata
proportion Of tho stock OF the Emma Silver Mining
Company OF New YORK, for tho purpose oil making up
the 5000 shares Of said Stock be declared and sdudged