The herald., 1893-02-01
The Trabuco Mining Case.


All parties to the cause were present
yesterday morning in Judge Wade's
court when the case of the Trabuco
Mining company We. Walrath was called,
j. ID. Reymert, esq,, appearing for the
plaintiff and Messrs. @. N. Wilson and
A. King for the defendant. Upon
motion of the counsel for the defendant
it was ordered that the latter be allowed
to amend his amended answer by inter-
lineation, and that the case be postponed
until Friday. This action is brought on
the part of the company to compel Wal
rath to pay up on certain stock issued in
his name.
The plaintiff complains and alleges
that it is an incorporation under the
laws OF California, and that its principal
place OF business is in Los Angeles city
and county, and that on the 23d day of
April, 1892, the defendant became one
of the stockholders of the company by
subscribing for SO, 800 shares of its capi-
tai stock of the par value of 81 per share
and promised to pay for the same, which
he never did. And further that the de-
fendant had been rendered stock GER
tificate for the shares issued, but had
refused to pay any part of the $4,000
due on such shares. The plaintiff there
fore prayed for judgment in the amount
designated, with interest and costs.
In his amended answer the defendant,
Walrath, denies that the plaintiff is
corporation duly incorporated under the
laws of California, or that it has any
place OF business, and that at the time
the pretended or alleged certificate of
stock was issued that the plaintiff had
no legally qualified board of directors or
other officers authorized and qualified to
issue stock. He further admits that he
has not paid the sum of $33, 300 for the
shares of stock, or any part OF the same,
but claims that the whole or any part OF
such is not nor ever has been due.
Still further the defendant eets forth
that on the 22d day of April, at the city
OF Los Angeles, one Thomas Donovan
and j. NJ. Taylor and John Corbett. with
intent to defraud and cheat him, did
falsely represent to the defendant, with
intent OF inducing him to buy and pur-
chase an interest, consisting of one
sixth of certain mines and mining
claims known and called the Keystone
and Bell mines, in Trabuco cafion, Or
ange county, which the men Donovan
and Taylor claimed to own, and that
they did fraudulently and falsely induce
the defendant to purchase of them q
one-sixth interest in the proposed cor
poration as joint stock company, there
after to be formed. When the company
had been formed the defendants YVES to
receive as his portion 48 900 shares of
fully paid up capital stock, subject to
deduction of 20, 900 shares, to be pooled
and held as reserve capital. That the
pretenses made by Taylor and Corbett
were false and not as represented. Also,
that the keystone and Bell mining
claims were identical with those men
toned in the complaint upon which the
action was founded, and that Donovan,
Taylor and Corbett knowingly and
falsely, with the intent to induce the
defendant to purchase an interest
in the mining claims and mill site,
represented and stated that said prop
critics were so situated as to be worked
in the most economical manner that
the natural facilities for working the
same were unsurpassed that they were
exceedingly rich in gold and silver, and
that there was large number of tons OF
ore on the dump at said mines that
would yield from 81 30 to $67. so per ton
in gold, besides large amounts OF silver,
ana many OJHer representations, all Oh
which the defendant AYERS to have been
false and made with intent to deceive.
That he did enter into written con-
tract to purchase one-sixth interest in
the mining claims referred to is admit
ted, but it is claimed by the defendant
that he had agreed to pay total of
$1166.66 for such, $500 of which he paid
down, leaving balance of $l166 66 due,
to be paid when the company should be
formed. This he says has never been
done.
Dismissed the Case.
One of the many cases which come up
before the superior courts for adjust
ment after having been passed upon by
uninitiated country justices was settled
Yesterday before Judge Smith by re-
versal of judgment rendered and dis
missal OF the cause.
II seems that w. H. Syme, resident
of Pasadena, come time during Novem-
Der moved from piece of land at that
place claimed by the San Gabriel Valley
bank, certain outhorse, and was ar
rested therefor on charge OF malicious
mischief. The property on which the