Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-04-13
THE NORcROSS DECISION.
1t Reduces the Damages tc
$4,000.

handed down the long expected decision
in the Hale Il Norcross case.
The decision consists of about ter
thousand words, but the gist of it is con.
tanned in the closing paragraphs as fol.
lows:
The judgment will then be as upor
the first appeal-that the judgement be
set aside, n the Superior Court is di-
rected to enter a judgment as of the date
of its first judgment against Alvinza
Hayward, H. NJ. Levy and the estate OF
w. f. Hobart, deceased, a decree for the
sum of S2l0,l79 50, with interest from
that date upon the issue of having paid
in excess for milling the ore in the Mex
lean and Nevada mills.
A to the issue presented by a claim
tor damages, sustained by reason Of i'm
perfect and faulty milling q new trial is
ordered and the court is dirccte ed to pro-
coed and try that issue and make find
ings in accordance with the views here
inbefOre expressed
That means that Richards Judgment
awarding Sil7,000 and interest to plain
tiff Fox is reversed. The opinion was
written by Justice Temple and concur
red in by Justice Henshaw, Beatty, Har
rison and Van Fleet, the last named
writing a special opinion. Garoutte dis
scented from part of the opinion, and Me
Farland from the whole.
1t is not considered probable hat a
third trial of the case will be had.
The S2l0,000-nearer $500, 900, with in
terest. is not collectible unit the final de-
termination of the whole case. A com
promise as to it would not surprise "the
street."
The decision, after saying thai the
Court had sustained the findings in the
first appeal as to excessive milling
charges and would similarly decide now.
continues as follows: The facts shown
90 no really establish a conspiracy. The
whole arrangement, SO far as the worst.
shows that the President, who was in
fact sole manager of the corporation. was
brlbed to give them the milling Of the
ores. There is no proof hat the arrange
ments between the defandants-bad as il
was-wentb beyond this
Again referring to the FRAUDULENT mill
i'-' Wv >'tiA 'itt vi IN tlllltIl-
ties in the plaintiffs case is the number
OF c0ntederates the conspirators would
have been compelled to employ TO cuatlc
them TO carry out such a scheme. 1t is
hard to believe that so many people
many of them well-tO-dO in the world
would have cOnSpired to commit such a
felony, or, if they did. that they would
have trusted so many people with Il
secret which, if known, would consign
them 10 the penitentiary.'
The Court holds that Judge Hebbard
had insufficient evidence as to the bat
terry and car assays of ore, and disagrees
with him on the assertion thai the bat
terry assays We're false by saying that all
assays are speculative.
The suit is of long standing. 1t was
brought September 9th, 1890. The trial
lasted forty-two days and was submitted
May 3, 1892.
May 26 of that year Judge Hebbard
gave judgment for plaintiff in the sum Of
81 OIL ,S35.
From this decision the directors ap-
pealed to the Supreme Court and in
August, 1895, the court decided the ap-
peal, substantially reversing the judg-
ment and ~remanding the case for a new
trial.
The Supreme Court in deciding the
case the first time gave the following
directions TO the lower court: 1.-The
judgment appealed from is set aside, and
the Superior Court is directed TO enter a
Judgment as of the date of its former
judgment against Alvinza Hayward and
III. NJ. Levy for the sum of S2IO.l97 so
with interest from that date, upon the
issue presented by the claim for having
paid an excessive price for milling he
ore in the Mexican and Nevada mills:
and upon that issue the order DENYING
a new trial to these appellants is affirmed.
AS to the other appellants. except he
Nevada Mill Il Mining Company, the
order denying a new trial thereon order
ed. Upon the issue presented by the
claim for damages sustained by reason of
the imperfect and fraudulent milling, the
order denying a new trial is set aside as
to all the appellants and the court is di-
rected upon the evidence already taken
IN the case, M such other evidence as
may be presented by either party, to
make findings in accordance with the
views hereinbefore expressed. Upon
the amount. if any, of such damage sus-
tanned by the Hale 81 Norcr0sS Company,
In addition to finding the value of the ore
delivered to the mills, the court is direct
ed to find the amount and value of the
bullion that should have been returned