The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-24
The Nevada Company Claims, He
Owes It $110,751.42.
WAS AGENT AND MANAGER
COMPANY ALLEGES IT GAVE
HIM $4,000 TO BUY MINES.
That He Obtained the Properties For
S99,246 and Applied the Differ
ence to His Own Use-Mr. Farms
worth's Property, Real and Per-
sonal, Attached.

An attachment suit was filed in the
clerks office of the United States circuit
court yesterday by the Nevada COM
pany against Philo T. Farnsworth, for
$40. 751.42.
AS a first cause of action it is alleg-
ed that the plaintiff paid over to
Farnsworth. as its agent, the sum of
$50. 900 for the purchase of real estate
and personal property in Nevada, but
that the sum actually expended by
Farnsworth was only s19.24S.5S, leaving
| the sum of s40.751.42 due the plain
tiff.
For a second cause of action 1t is al
legged that the plaintiff gave Farms
worth $4,000 to purchase the property
of the lone Gold Mining company. and
that Farnsworth only paid $4,000 for
it, and owes the plaintiff the balance
of $4,000
From the two deals the company
claims he is indebted to it in the sum
of $40. 751.42. with interest.
An attachment was levied yesterday
on all the real and personal property of
Mr.. Farnsworth, including his resi-
dence and adjoining dwellings on Brig
ham street. bank account in the State
Bank of Utah, Deseret National bank,
stocks in the z. c. NJ. l., Deseret Ma
tiCnal bank and Cooperative Wagon &
Machine company.
The Nevada company is composed of
New York millionaires, of which j. G.
Stokes is president; John Sherman
Hoyt, vice president, and John w. Nc
Culloch. treasurer.
Mr.. FarnSworth is general manager
and a director OF the company. Aside
from the mining interests in Nevada,
they operate the Nevada Central Rail-
road company.
ALLEGATIONS OF THE COM
PLANT.
In the complaint. for a first cause of
action, the plaintiff alleges that be-
tween July Is, 1897, and Aug. q, 1897.
the plaintiff. at the instance of the de-
PENDANT, constituted defendant its agent
for the purchase of certain real and
personal property situated in the state
of Nevada
That on July Is, 1897, the plaintiff
sent to defendant as such agent the
sum of $1,000; on Aug. "a, 1897, $4,000;
on Aug. q, 1897, $4,000, making
total of $50. 900. to be disbursed by de-
PENDANT in said transactions.
The said real and personal property,
and, the persons from whom it was
purchased. and the alleged purchase
price as represented by defendant, are
as follows:
From Frank Bradley-Merchandi
s1.74S.5S; the keystone and Clipper
groups of mining claims, S26,750.
From Thomas Mitchell and J. A. Mil
ler-The Knickerbocker mill site, water
rights, together with 160 acres of land
on which were a 10-stamp mill and
buildings. S4,750.
From W. S. Gage-Eight patented
the Berlin, the Indianapolis, the Wild
Emigrant. the Photograph. the Stone
wall. the Violet and the Brown; also
buildings and merchandise. $27,2 $50.
Plaintiff alleges that the actual
amounts paid were as follows:
To Frank Bradley-$1,74 1858; mining
claims. $4,000.
To Thomas Mitchell and ]. A. Mitch
ell-$4250.
To w. S. Gage, S4,25O.
That the total sum actually paid in
the transactions was S19, 24S.5S only,
and by reason of the premises, the de-
PENDANT became indebted to plaintiff
on Aug q, 1897. in the sum of $780,
AZ. and is now indebted for said sum
with legal interest from date.
SECOND CAUSE OF ACTION.
For a second and separate cause of
action against defendant, plaintiff al
leges that between March 1, 1898, and
March Is, 1885, the plaintiff, at the in
stance of the defendant, constituted
defendant it's agent for the purchase
of certain mining property, then own
ed by the lone Cold Mining company,
in the state of Nevada
That on March l. 1898, plaintiff paid
to defendant for said purpose the sum
of S25 OOU; on March 8, 1898, $50, 600; on
March is. 1888, $4,000.
Plaintiff further alleges that stimuli !
taneously with said transaction plain !
tiff sold to defendant two hundred !
shares of its capital stock for the sum
of $40. 000 and that the. defendant rep
resented to plaintiff that he had paid |
said sum of $4,000 for plaintiff to the
lone Gold Mining company, upon the !
purchase price of the property sold by |
it to plaintiff. and thereby the defend
ant obtained from plaintiff credit for /
the purchase price of said stock, the |
sum of $4,000.
Plaintiff further alleges that defend !
ant fraudulently represented to plain |
tiff tina. the purchase price of said |
property of the lone Gold Mining COM
pany was $4,000, and received from |
plaintiff. as its agent, the full amount |
of $4,000 to pay for said property.
1t is further alleged that the sum |
actually paid out by defendant for the |
property was $4,000 only, and that by |
reason of the premises the defendant |
has become indebted to plaintiff in the |
sum of $4,000 with legal interest from |.
March Is. 1898. &,
Wherefore. plaintiff demands judg-
ment against defendant for the sum of
s110 1912, with interest.
Dey & Street appear as attorneys for
nIoinffff